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

School Crossing Patrol Officer - United Academy

Essex County Council
Up to £13.00 per hour
School Crossing Patrol Officer - United AcademyPermanent, Term Time£13.00 per hourLocation
Recuriter: Essex County Council

Customer Service Advisor

London Borough of Richmond upon Thames and London Borough of Wandsworth
£32,841 - £42,888 per annum
Job Title
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Speech and Language Therapist (Grenfell Education Hub)

The Royal Borough of Kensington & Chelsea Council
Up to £53076 per annum
Support the North Kensington community to find and use their voices to shape futures beyond tragedy.As Speech and Language Therapist in the Grenfell E England, London
Recuriter: The Royal Borough of Kensington & Chelsea Council

Development Officer - Museums

The Royal Borough of Kensington & Chelsea Council
Negotiable
Secure the future of our historic museums through fundraising and community support. As a Development Officer, you'll play a crucial role in sustainin England, London
Recuriter: The Royal Borough of Kensington & Chelsea Council

Educational Psychologist (Grenfell Education Hub)

The Royal Borough of Kensington & Chelsea Council
£53076.00 - £54076 per annum
Support the North Kensington community to rebuild, aspire and shape futures beyond tragedy.Support the North Kensington community to rebuild, aspire a England, London
Recuriter: The Royal Borough of Kensington & Chelsea Council
Linkedin Banner