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'.

Skills Pipelines: What local government needs to know image

Skills Pipelines: What local government needs to know

Councils and mayors are to be handed a central role in developing skills pipelines for local industries, as the Government unveils what it calls a ‘fundamental change’ to the education system aimed at tackling youth unemployment. Here's what council leaders and officers need to know.
SIGN UP
For your free daily news bulletin
Highways jobs

Erase Assistant Team Manager

Durham County Council
Grade 10 £38,220 - £41,771
Are you passionate about improving outcomes for teenagers at risk of exploitation, missing episodes and harm outside the home?   Durham Children's Ser Durham
Recuriter: Durham County Council

Active Travel Connectivity Officer

Durham County Council
Career Graded 8 - 10 - G8 £32,597 - £36,363 / G9 £35,412 - £39,152 / G10 £38,220 - £41,771
An exciting opportunity has arisen for an Active Travel Connectivity Officer within our Sustainable Travel and Advertising Team, supporting the delive Durham
Recuriter: Durham County Council

Headteacher

Durham County Council
£75,049- £86,803
Permanent Contract, Full Time Required to start January 2027. N.O.R. 349 (including Nursery)   Are you an exciting, dynamic and outstanding leader wit Seaham
Recuriter: Durham County Council

Executive Director for Place

Wokingham Borough Council
£148,609 per annum, plus benefits
As our Executive Director for Place, you will lead an outward looking and forward-thinking place-shaping agenda. Wokingham, Berkshire
Recuriter: Wokingham Borough Council

Service Director

South Gloucestershire Council
£100,289 to £109,445 per annum
South Gloucestershire is changing things for good. Gloucestershire
Recuriter: South Gloucestershire Council
Linkedin Banner