Sleep in shift compliance scheme introduced in the social care sector

The Government has launched a new compliance scheme for social care providers that may have incorrectly paid workers below the minimum wage in regard to sleep-in shifts. The scheme allows employers to opt into the Social Care Compliance Scheme (SCCS), allowing them one year to identify underpayment of minimum wage for sleep ins. At the end of the self-review period employers will have up to three months to pay workers the amount owed.    

HMRC will be writing to all companies who have received a complaint about the underpayment of minimum wage for sleep in shifts, to give them an opportunity to join the scheme. Employers who do not opt into the scheme can face large penalty fines for non-compliance with minimum wage regulations.

It is important to remember that the Government waived further penalties for sleep-in shift underpayment arising prior to 26th July 2017. Enforcement was temporarily suspended until 1st November 2017.

See our previous news item on this topic here.

Aspire Comment

The risk of failing to pay the appropriate minimum wage to a worker when they are entitled can be costly to your business and its reputation. To avoid paying large penalty fines and being named as shamed as an underpayer of minimum wage it is important to check that your company is paying minimum wage for sleep ins.

If you require assistance in registering for the SCCS and undertaking your self-review or, if you are concerned as to whether you have been paying the minimum wage correctly, please contact Aspire on 0121 445 6178.