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

Policy and Procedure Coordinator

Durham County Council
Grade 9 - £35,412 - £39,152
Policy and procedure coordinator 18.5 hours ( working pattern to be agreed)   Are you a qualified Social Worker with experience of working with childr Spennymoor
Recuriter: Durham County Council

Accountancy Assistant

Durham County Council
£26,403 to £28,598 p.a. (Grade 5)
We are looking to appoint an Accountancy Assistant on a permanent basis within the Pension Fund. This post is to provide dedicated direct financial s Durham
Recuriter: Durham County Council

Workshop Supervisor - Street Lighting

Durham County Council
£24,790
Salary Craft Pay (for Building Labourer category) Basic salary £24,790 p.a. Plus 50% IOA on basic salary £12,395 p.a. Also paid tool allowance £37.93 Durham
Recuriter: Durham County Council

Public Health Lead

London Borough of Richmond upon Thames and London Borough of Wandsworth
£51,540 - £62,451
Public Health Lead
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Director of Technology & Customer Experience

Oxfordshire County Council
£125,350 - £135,928
We do not settle for the status quo. Oxfordshire
Recuriter: Oxfordshire County Council
Linkedin Banner