William Eichler 14 February 2019

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

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

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'.

Highways jobs

Director, Governance and Improvement

City of York Council
£85-95k plus relocation package
We are looking for an exceptional individual to be appointed to the position of Director of Governance and Improvement. York, North Yorkshire
Recuriter: City of York Council

Casual Cleaning Assistant

Chelmsford City Council
Grade 2 - Currently £9.00 per hour
It's exciting times at Riverside Leisure Centre with a brand-new centre opening in June 2019 and we need you to get on board and help us make this ... Chelmsford, Essex
Recuriter: Chelmsford City Council

Senior Team Leader

Redbridge London Borough Council
£35,992 to £38,994 per annum inclusive
Looking for individuals with initiative, evidence of experience in managing a street cleansing service and motivating... Redbridge, London (Greater)
Recuriter: Redbridge London Borough Council

Junior Service Desk Analyst

Chelmsford City Council
Full Time, 37 Hours, 12 Month Fixed Term Contract
We are seeking an enthusiastic, adaptable and proactive analyst to join our Service Desk team to provide customer focused first line IT technical s... Chelmsford, Essex
Recuriter: Chelmsford City Council

Part Time Receptionist

Chelmsford City Council
Grade 3 - Starting at £17,931 per annum, pro rata and rising to £19,131 per annum, pro rata
Join our friendly team welcoming our customers to the South Woodham Ferrers Leisure Centre. You will be flexible, self-motivated and able to deal c... Chelmsford, Essex
Recuriter: Chelmsford City Council

Local Government News

Latest issue - Local Goverrnemnt News

The March issue of Local Government News explores alternative funding channels that are available to councils beyond the Public Works Loan Board, what hurdles merging councils face in coming together, and how local government is handling GDPR.

This issue also has a special highways and street lighting section exploring how councils can use lighting to embark on their smart city journey and using IoT technology to weather the storm.

Register for your free magazine