Background Sleep-in shifts are standard practice in the care industry, with workers required to sleep on the premises in case they are required in an emergency. Such shifts are paid at a fixed flat rate, with additional pay for any time spent actively working. The correct pay for sleep-in shifts has long been debated. Must workers be paid the NMW for the entire time spent at the workplace even when sleeping or must they be paid only for time spent awake and working? This makes a big difference to the amount that workers are entitled to be paid. Similar questions arise with respect to domiciliary carers working sleep-in shifts.