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

Shovel Driver Plant Operative - Braintree

Essex County Council
£23344.0000 - £27033.0000 per annum
Shovel Driver Plant Operative - Braintree Waste Transfer StationPermanent, Full Time£23,344 to £27,033 per annumLocation
Recuriter: Essex County Council

Administration Assistant

Durham County Council
Grade 4 £24,790 - £25,992
We have an exciting opportunity for a permanent Grade 4 Administrative Assistant to join our Business Support Team providing a comprehensive support s Spennymoor
Recuriter: Durham County Council

Environmental Health Officer /Lead Environmental Health Officer

Royal Borough of Greenwich
£37725 - £43815 per annum +
Environmental Health Officer/Lead Environmental Health Officer (dependent on experience)We are delighted to offer this fantastic opportunity for you t England, London, Woolwich
Recuriter: Royal Borough of Greenwich

Residential Investigation Enforcement Officer

Royal Borough of Greenwich
£39855 - £42324 per annum + n/a
Residential Investigation Enforcement OfficerJoin our dynamic Private Housing and Environmental Health Standards Team in a permanent role where your e England, London, Woolwich
Recuriter: Royal Borough of Greenwich

Senior Environmental Health Officer

Royal Borough of Greenwich
£47532 - £50574 per annum
Senior Environmental Health OfficerJoin our dedicated and forward-thinking Private Housing & Environmental Health Standards Team as a Senior Environme England, London, Woolwich
Recuriter: Royal Borough of Greenwich
Linkedin Banner

Partner Content

Circular highways is a necessity not an aspiration – and it’s within our grasp

Shell is helping power the journey towards a circular paving industry with Shell Bitumen LT R, a new product for roads that uses plastics destined for landfill as part of the additives to make the bitumen.

Support from Effective Energy Group for Local Authorities to Deliver £430m Sustainable Warmth Funded Energy Efficiency Projects

Effective Energy Group is now offering its support to the 40 Local Authorities who have received a share of the £430m to deliver their projects on the ground by surveying properties and installing measures.

Pay.UK – the next step in Bacs’ evolution

Dougie Belmore explains how one of the main interfaces between you and Bacs is about to change.