We are in the Care sector and have shifts called Late/Sleep/Early. A staff member would come on shift and do a late shift then sleep at the client premises then work in the morning until the next staff member takes over.

What implications does this have now in terms of the WTD? Are sleepovers part of the WTD? Does this count as working time even though the staff member would be asleep at the client’s house?

Also, we give a payment for this sleepover but now wonder if this needs to be at the minimum wage?

Thanks for any help.