Mark Whitehead 26 July 2017

Penalties for providers who underpaid carers ‘waived’ to minimise disruption

A huge bill owed by care homes who underpaid their workers for overnight sleep-in shifts has been waived, the Government has announced.

New guidance in October last year following two employment tribunals said previous advice was wrong and the national minimum wage should be paid for time spent sleeping in clients' homes.

But Mencap warned the bill for back pay going back as much as six years could total £400m and would be 'disastrous'.

The charity said many providers would be unable to meet the demands and could face insolvency.

Now ministers have announced the financial penalties owed by employers who have underpaid their workers for overnight sleep-in shifts before July 26 this year will be waived to 'minimise disruption to the sector' and enforcement activity temporarily suspended until October 2.

But the Department for Business, Energy & Industrial Strategy said the Government 'remained committed to making sure workers in this sector receive the minimum wage they are legally entitled to, including historic arrears.'

It would 'continue to look at the issue extremely carefully alongside industry representatives to see whether any further support is needed and ensure that action taken to protect workers is fair and proportionate, while seeing how it might be possible to minimise any impact on social care provision.'

Mencap chairman Derek Lewis welcomed the two-month stay in enforcement action and the decision not to levy penalties on top of the back pay bill, but said the moves would not address the 'catastrophic impact' of the back pay bill.

He said: 'Employers are keen to fulfil their responsibilities to employees, but if the Government changes the rules on how sleep-in payments should be paid, it must expect to have to pay for the changes.'

Designing for cohesion image

Designing for cohesion

Tom Fairey, Development Director at Alliance Leisure, discusses how community spaces can strengthen local connections.
SIGN UP
For your free daily news bulletin
Highways jobs

Transport and Major Work Manager

Slough Borough Council
£54,556 to £60,085 per year Inclusive of Local Weighting Allowance of £1096
Drive the future of transport and infrastructure in Slough Slough, Berkshire
Recuriter: Slough Borough Council

Director of Family Based Care - North East Regional Care Co-operative

Durham County Council
£119,532 per annum
This position is hosted by Durham County Council. We are seeking an exceptional senior leader to take on the pivotal role of Director of Family Based Durham
Recuriter: Durham County Council

RCHW Site Operative

Essex County Council
Up to £25959.00 per annum
RCHW Site OperativePermanent, Part Time£25,959 per annum full time equivalent Location
Recuriter: Essex County Council

Senior Social Worker - Uttlesford Neighbourhood Team

Essex County Council
£48205 - £57988 per annum + Flexible Working, Hybrid Working
About the TeamWe're an adult social care team that wants to see citizens of Essex have as much choice and control over the way they live their lives England, Essex, Harlow
Recuriter: Essex County Council

Occupational Therapist - Adult Social Care

Essex County Council
£38487 - £51834 per annum
Register your interest here to be notified of upcoming Occupational Therapist opportunities within Essex County Council's Adult Social Care services. England, Essex, Chelmsford
Recuriter: Essex County Council
Linkedin Banner