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

History Service Manager

Oxfordshire County Council
50269 - 53460
About Us Oxfordshire History Service is responsible for archive and local studies provision for the county of Oxfordshire. The service collects, preserves, promotes, and makes accessible the written and pictorial heritage of Oxfordshire for researchers w Oxfordshire
Recuriter: Oxfordshire County Council

Design & Projects Manager

Bath & North East Somerset Council
Grade 12 £59,568 - £66,801 per annum
We’re committed to sustainability, smart infrastructure, and improving people’s lives. Bath, Somerset
Recuriter: Bath & North East Somerset Council

Senior Legal Officer (Qualified Childcare Solicitor/Lawyer) (CDC)

City Of Doncaster Council
Grade 10, £47,154 - £51,235
The successful applicant will have good communication skills and be able to manage their time effectively and efficiently. Doncaster, South Yorkshire
Recuriter: City Of Doncaster Council

Senior Legal Officer - Property (CDC)

City Of Doncaster Council
Grade 10, £47,154 - £51,235 (depending upon knowledge and experience)
We are looking to appoint an experienced Solicitor, Barrister or FCILEX to our team Doncaster, South Yorkshire
Recuriter: City Of Doncaster Council

Human Resources Administrator

Wyre Borough Council
£25,989 - £26,403
Are you organised, customer-focused, and passionate about supporting people and processes? Poulton-Le-Fylde, Lancashire
Recuriter: Wyre Borough Council
Linkedin Banner