For employers and UKVI sponsor licence holders, understanding sleep-in shifts is crucial to ensure compliance with both National Minimum Wage/National Living Wage (NMW/NLW) and immigration rules.
⏳ Pay Rules for Sleep-In Shifts
Mostly sleeping:
If a worker is expected to sleep for most of the shift and suitable sleeping facilities are provided, NMW/NLW only applies for the hours they are awake and performing duties.
Mostly working:
If a worker is awake and carrying out duties for most of the night, the entire shift counts as working time and must be paid at least NMW/NLW.
⚠️ Not all sleep-in hours are automatically paid; accurate records of time spent awake and performing duties are essential.
📝 Actions Required as a Sponsor Licence Holder
Review Pay Compliance
Assess whether sponsored staff on sleep-in shifts are required to be awake and working, and pay accordingly.
Ensure pay for actual working hours (including awake time during sleep-ins) meets or exceeds NLW/NMW.
Correct any underpayment and pay arrears if necessary.
Prevent Future Breaches
Clearly define sleep-in shift expectations in contracts.
Monitor how often staff are disturbed and determine if shifts should be reclassified as waking nights.
Ensure pay structures comply with immigration and wage laws.
Report to the Home Office
If a sponsored worker has been underpaid, or if working conditions change materially, report via the SMS.
Timely and accurate reporting is critical for maintaining your sponsor licence.
✅ Key Takeaways
Sleep-in pay depends on whether the worker is awake or sleeping during the shift.
Accurate records of awake hours are mandatory.
Sponsor licence holders must review, prevent, and report pay issues for compliance with both NMW/NLW and UKVI rules.