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

Homelessness Prevention and Solutions Officer

London Borough of Richmond upon Thames and London Borough of Wandsworth
£38,976 to £47,229 per annum
We are looking for a capable and ambitious individual keen to help families and individuals facing homelessness to help support them in their homelessness journey and adhere to legislative guidance as well as policy and procedures. Who are we looking fo Twickenham
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Waste Management Officer - North Herts Council

Essex County Council
Up to £13.5000 per hour
Waste Management Officer - North Herts CouncilGrade 4 - £13.50 PAYE37 per week2-3 Months ContractImmediate StartLocation
Recuriter: Essex County Council

Assistant Transport Planner

Oxfordshire County Council
£31537 - £34434
Are you looking for a varied and challenging role which really gets you thinking and makes a difference for the lives of communities across Oxfordshire. If so, this might be the role for you. The role sits within the Transport Strategy and Policy team and Oxford, County Hall
Recuriter: Oxfordshire County Council

Customer Experience Manager - Town Halls

Kirklees Metropolitan Council
£34,434- £37,280
Our Town Halls are at the heart of civic, cultural and commercial life, supporting the Council’s daily business. Kirklees, West Yorkshire
Recuriter: Kirklees Metropolitan Council

Residential Workers

Durham County Council
Grade 7 £30,024 - £33,699
Residential Workers - Opportunities are available across the County Durham Area Salary
Recuriter: Durham County Council
Linkedin Banner