The care sector has the highest rate of minimum wage non-compliance of any UK industry. HMRC named and shamed dozens of care providers in 2025 for paying workers below the National Living Wage — and the practice continues. If you work in care, here's what you're legally owed.
Travel Time: You Must Be Paid
If you travel between clients as part of your job (domiciliary care, support workers making home visits), that travel time counts as working time for minimum wage purposes. If your total pay divided by your total time (including travel) falls below the NLW, your employer is breaking the law.
HMRC has been explicit: deducting travel time from your hours, or failing to pay for "dead time" between visits, is a minimum wage violation. Many care workers working 8-hour contracts find their effective hourly rate falls below the minimum wage once travel is included.
Sleep-In Shifts: The Complex Picture
The Supreme Court ruled in Mencap v Tomlinson-Blake (2021) that sleep-in care workers are only entitled to NLW for time they are actually awake and required to provide care — not for the full shift if they are simply "available" while asleep. This remains deeply controversial. HMRC's guidance reflects this ruling, but workers' unions continue to campaign for reform.
What to Do If You Think You're Underpaid
- Calculate your effective hourly rate: total pay ÷ total hours including travel
- If below £12.71/hour (age 21+), contact ACAS on 0300 123 1100 for free advice
- Report minimum wage non-compliance to HMRC at gov.uk/report-problem-minimum-wage
- Claims can be backdated 6 years at Employment Tribunal for unlawful deduction from wages
Frequently Asked Questions
Can I be dismissed for raising a minimum wage complaint?
Dismissal for raising a minimum wage concern is automatically unfair dismissal, regardless of how long you've worked there. This is one of the few areas where Day 1 employment rights apply. You cannot be legally sacked for asserting this right.
Does zero-hours affect my minimum wage rights?
No. Zero-hours workers are entitled to the National Living Wage for every hour worked. The contract type doesn't affect the hourly rate entitlement. Use our Care Worker Pay Calculator to check your position.