William Eichler 14 February 2019

Carers win right to appeal in £400m sleep-in shift battle

The Supreme Court has granted carers the right to appeal in the ongoing sleep-in shift legal battle with a the mental health charity Mencap.

A 2017 tribunal, ruling against Mencap, concluded support workers who do sleep-in shifts should be paid the hourly minimum wage for the periods they are asleep.

It ordered social care providers to pay their carers six years of back pay, a figure that amounted to £400m.

This ruling was, however, overturned in July last year — a decision Unison general secretary Dave Prentis characterised as a ‘mistake’.

‘Sleep-in shifts involve significant caring responsibilities, often for very vulnerable people,’ he said at the time.

‘With too few staff on at night, most care workers are often on their feet all shift, only grabbing a few minutes sleep if they can.

‘That’s why it’s such a disgrace that workers have been paid a pittance for sleep-ins — with some getting just £30 for a ten-hour shift.’

Unison have now been granted the right to appeal the July 2018 ruling.

Commenting on the decision, Matthew Wort, partner at Anthony Collins Solicitors, said: ‘Today’s decision from the Supreme Court extends the period of uncertainty for a care sector desperate for extra Government investment.

‘The date for the Supreme Court hearing is yet to be announced, but it has confirmed to me today that it will not be until October 2019 at the very earliest.

‘Care providers are in urgent need of both consistency and clarity about sleep-in pay, but sadly the wait for a definitive final position on the issue is many months away.”

‘In the meantime, we hope commissioners of sleep-in care will maintain payments to providers, enabling them to continue their current pay practice for sleep-ins.’

For more on this story check out our feature, 'The sleep-in care crisis'.

SIGN UP
For your free daily news bulletin
Highways jobs

Team Leader- Investment Zone Planning

Kirklees Metropolitan Council
£51,356 - £53,460
You will work closely with Development Management colleagues. Kirklees, West Yorkshire
Recuriter: Kirklees Metropolitan Council

Care Assistant

Wakefield Council
£7,024.05 - £7,135.94 (£13.47 - £13.69 per hour), Grade 4, 10 hours, Permanent
Are you caring, compassionate, and friendly? Wakefield, West Yorkshire
Recuriter: Wakefield Council

Accountancy Officer - Management/Financial Accountant

Wakefield Council
Grade 6 - Grade 9
We are looking a Management / Financial Accountants to join our Financial Management Team. Wakefield, West Yorkshire
Recuriter: Wakefield Council

Assistant Gardener

Wakefield Council
£25,989.00 - £26,403.00, Grade 4
An opportunity exists in the Council’s Street Scene Services for an Assistant Gardener Wakefield, West Yorkshire
Recuriter: Wakefield Council

School Crossing Patrol Officer - Vacancies across Essex

Essex County Council
Up to £13.00 per hour
School Crossing Patrol Officer - Vacancies across EssexPermanent, Term Time£13.00 per hour Location
Recuriter: Essex County Council
Linkedin Banner