Care charities have called for government to explain its next steps after a judgment last week said they had been within their rights to pay a flat rate to workers who were asleep.
But government has refused to say what it will do in response.
A Court of Appeal ruling on Friday said that Mencap did not have to pay the minimum wage to employees who were at work, but asleep. It reserved earlier employment tribunal judgments which had gone against Mencap.
After the employment tribunal rulings HM Revenue & Customs had begun punitive action to recover back pay and fines from charitable social care providers.A Social Care Compliance Scheme had been set up to facilitate the repayment of wages to workers. Estimates suggest that the cost to the care sector would have been up £400m.
On Friday charities called on the government to provide clarity, change the law and increase funding to the sector to take into account the new rules.
But a spokesman said only: “We are considering the judgment and will comment shortly on its implications.”
Unison has indicated that it is likely to appeal the High Court’s ruling to the Supreme Court.