LEARNING disability charity Mencap’s appeal against a ruling that sleep-in carers are entitled to the minimum wage for the whole of their shifts began at the Court of Appeal today.

Claire Tomlinson-Blake, a care support worker for adults with autism, was paid £29.05 for a nine-hour sleep-in shift — a flat rate of £22.35 plus one hour’s pay, £6.70.

Last April, the employment appeal tribunal (EAT) upheld an earlier ruling that her entire shift constituted time work “irrespective of whether she is sleeping or not” as she used her “listening ear” and her experience to know when she was needed.