Night work is common across sectors like healthcare, security, hospitality, and logistics – but it’s also an area where employers can inadvertently fall foul of National Minimum Wage (NMW) rules. Here’s a quick guide for HR professionals and managers to help you stay compliant.

What’s the rule?

All night workers – regardless of the time they work – must be paid at least the National Minimum Wage. This applies across the board, with rates varying by age and whether the worker is an apprentice. However, there’s no legal requirement to pay more simply because the work happens at night – unless you’ve agreed to do so in a contract or policy.

What counts as paid working time?

For night workers, NMW must be paid for:

  • Time spent actively working
  • Time spent training during night hours
  • Additional duties like cleaning or stock checks

Where things get trickier is when workers sleep on site.

Sleep-in shifts

The key test is whether the worker is ‘awake for the purposes of working’. For example:

  • Sleep-in carers with proper sleeping facilities are only entitled to NMW for the time they are awake to carry out duties.
  • Workers expected to be active for most of the night – even with some rest breaks – are typically entitled to NMW for the full shift.

This was confirmed by the Supreme Court in Royal Mencap Society v Tomlinson-Blake.

Top tips for employers

  • Audit for NMW compliance – Ensure deductions (e.g. uniforms, accommodation) don’t reduce pay below NMW.
  • Clarify pay in contracts – Clearly set out night work rates and what hours are paid.
  • Include in holiday pay – Regular night shift premiums should be factored into holiday pay calculations.
  • Itemise payslips – Show night work payments and any enhancements separately for transparency.

For further information, please contact Kerry Curd in the employment team on 01626 202406 or email KerryCurd@wbw.co.uk.

WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.