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Royal Mencap Society v Tomlinson-Blake / Shannon v Rampersad [2018] EWCA Civ 1641

Only time spent awake and working counts for NMW purposes

Section 1 of the National Minimum Wage Act 1998 (NMWA) creates the right for a worker to be paid, in any "pay reference period", the national minimum wage ("NMW") in the form of an hourly rate of remuneration, to be prescribed from time to time by the Secretary of State. The pay reference period is prescribed by the Secretary of State: for present purposes, typically a week or a month. 

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