According to the Court of Appeal, the answer is no. They made this ruling in July 2018 after they heard an appeal from Mencap, against an employment appeal tribunal decision of April 2017.
UNISON has now asked the Supreme Court to hear their appeal as they hope to reverse this latest decision which they believe the Court of Appeal got completely wrong.
On the gov.uk website it states that “A sleep shift in the night period (e.g. care worker) counts as working hours if the worker is both on call and in the workplace.” And “Workers on a sleep shift must be paid the National Minimum Wage.” https://www.gov.uk/night-working-hours
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