The HMRC has suspended the ‘PA sleep in minimum wage enforcement’ for a further month. The Revenue is demanding the minimum wage and up to 6 years back pay for carers sleeping overnight.
Enforcement was initially suspended until 2 October 2017 but they have now suspended enforcement activity for a further month. Originally the Government (Department for Business, Energy & Industrial Strategy) has agreed to waive penalties. It stated:-
The government will waive the financial penalties faced by employers who are found to have underpaid their workers for ‘sleep-in’ shifts. These penalties are levied by HM revenue and Customs and do not affect the arrears of wages to be received by workers in cases of underpayment of the National Minimum Wage. The government recognises that written guidance published before February 2015 was potentially misleading. The waiver is to apply to any arrears of pay resulting from ‘sleep-in’ shifts that took place before today. Any employer underpaying their staff for these shifts in the future will be liable to pay financial penalties, in the usual way, of 200% of the arrears found.