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Asking for a friend as I thought the hive mind would know.
So, a friend is interested in a job that has a sleeping night or two in the 40hr per week rota. In that time your responsible for vulnerable people. The potential new employer does not count those sleeping hours 22:00-07:00 within the 40hrs per week & pays minimum wage for them (less than normal working hours wage).
So, with one sleep in she'd be working a 49hr week, if two a 58hr week, all in a 40hrs per week contract. No overtime payment, just the minimum wage in the hours between 22:00-07:00 whilst being expected to deal with potential residents issues.
According to the potential employer, you "clock off" at 22:00-07:00 and "clock back on" at 07:00. I guess it's like the sleeping part is paid as a different role, but you'd still be expected to respond in your main role if required.
Does that sound right? Is this normal practice?
Yep, that sounds right. The law changed recently so that you have to be paid minimum wage hourly rate rather than a one off sleep in payment. Overtime rate should kick in for any time they have to get up and work
Was going to say, still just being on minimum wage if they have to get up and deal with something doesn't sound fair, it wouldn't surprise me if it's legal though and has obviously been made clear in advance.
Cheers. I think if you have a prolonged disturbance in the night then technically you don't work any planned shifts the next day. But then she'd loose more hours & all in that'd be a hefty load of hours to work.