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If you are thinking of going away for the weekend, and have asked nanny to look after the children, should you pay her national minimum wage while she sleeps?
The court of appeal in July 2018 has stated you need to be awake for the purposes of working to qualify for national minimum wage.
This Judgement is likely to be appealed but as it stands the below will apply.
Once the nanny has been woken up, then national minimum applies.
If nanny is going to do sleep ins, it would be advised to agree a flat rate, and then in addition to that a rate for when nanny is awake.
https://www.moorepay.co.uk/blog/court-of-appeal-reverses-pay-decision-in-sleep-in-workers-saga/