In a case which has important implications for the social care sector, Whittlestone v BJP Home Support Limited is an EAT decision which held that an employee who worked for a care home and was paid on an hourly rate basis with a flat rate for “sleepovers” was not in receipt of the national minimum wage. The Claimant provided care services to clients of the Respondent in their own homes. She travelled from home to home providing care for the service users and was paid £6.35 per hour for the time she actually spent providing care at the home of the service users. She was not paid for the time travelling in between homes. Additionally she was expected under her contract to cover some on-call work at nights, which encompassed shifts from 11pm to 7am, called sleepovers. These shifts are common in the social care industry. The purpose was to provide any care needed during the night for the adults under her care. She was able to sleep at the home and was provided with a bed and bedding. During the hours that the Claimant was undertaking the sleepovers, she was paid a flat rate of £40 per week. When the Claimant resigned, she brought a claim that she should have been paid the national minimum wage for her sleepovers, and also for the time she spent travelling between houses.