A brief guide to National Minimum Wage and night work

Night work is common – especially in sectors like healthcare, security, hospitality, and logistics – but it’s also an area where employers can unintentionally fall foul of National Minimum Wage (NMW) rules.

Here’s a quick guide for HR professionals and managers to help you stay compliant.

Know the rules

1. 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.
2. 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.
3. 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
4. Sleep–in shifts
   This is where things can become murky. 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
   To ensure transparency, show night work payments and list enhancements separately.

Further reading

• The Low Pay Commission plans for national living wage from next year – Hunter Law
• National minimum wage rates – Gov.uk