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

Cook

North Yorkshire Council
£13.47 - £14.13 per hour
We have an opportunity to join our award-winning Facilities Management catering team Malton, North Yorkshire
Recuriter: North Yorkshire Council

Cleaner and Caretaker

North Yorkshire Council
£12.65 - £13.47 per hour
Are you looking for a cleaning role that is a little different? Harrogate, North Yorkshire
Recuriter: North Yorkshire Council

Project Officer Economic Development, Skills & Employment

North Northamptonshire Council
£38 220 - £40 777
The focus of this role within the Economic Growth & Sustainability team is economic development Kettering, Northamptonshire
Recuriter: North Northamptonshire Council

Project Support Officer Economic Growth & Sustainability

North Northamptonshire Council
£31 537 - £32 597
You’ll find that we have a wide range of careers that may be more surprising than you think! Kettering, Northamptonshire
Recuriter: North Northamptonshire Council

Service Director - Highways

Central Bedfordshire
£95,953 – £106,769
As part of the council’s leadership team, you will lead specialist technical services Bedfordshire
Recuriter: Central Bedfordshire
Linkedin Banner