Martin Ford 19 March 2021

Sleep-in shifts legal battle ends

Sleep-in shifts legal battle ends image

A long-running legal challenge by care workers over pay worth £400m has been rejected by the Supreme Court.

Justice Lady Arden ruled that workers should not be paid the minimum wage for hours they are asleep during sleep-in shifts.

The judgement brings to an end an uneasy four years for care providers since a 2017 tribunal ruled in favour of carer Clare Tomlinson-Blake.

Providers had feared they would face an estimated £400m bill for six years of back pay.

Although a 2018 Court of Appeal judgement reversed the 2017 ruling, the Local Government Association (LGA) had advised councils to ‘calculate their potential liability and plan accordingly’.

Chairman of the LGA’s community wellbeing board, Cllr Ian Hudspeth, said: ‘This significant ruling is in line with councils’ and social care providers’ understanding of the law.

‘Had the appeal been upheld, care providers and councils providing social care would have faced massive bills, which would have increased the huge financial pressures they are already facing.

‘As we said in our submission to the court, the LGA strongly supports care workers being paid a fair wage for their valued work.’

Matthew Wort, partner at Anthony Collins Solicitors who represented Care England, said: 'This case was not about what care workers should be paid. Instead, it focused on the interpretation of national minimum wage regulations, with the law and previous government guidance making clear that carers are not working while asleep.

'The judgement puts an end to many years of uncertainty. It should be seen as a line in the sand, with the focus now on ensuring changes are made in how workers are remunerated to ensure appropriate pay for time asleep.'

The case was backed by the Unison trade union.

General secretary Christina McAnea said: ‘No one is a winner from today’s judgement.

‘Everyone loses until the Government intervenes to mend a broken system that relies on paying skilled staff a pittance.’

Read our previous background feature on the 'sleep-in care crisis' here.

SIGN UP
For your free daily news bulletin
Highways jobs

Solutions Architect

Essex County Council
£51563.0000 - £60662.0000 per annum
Solutions ArchitectPermanent, Full Time£51,563 to £60,662 per annumLocation
Recuriter: Essex County Council

Specialist Senior Educational Psychologist

Essex County Council
£59809.00 - £63638.00 per annum
Specialist Senior Educational PsychologistPermanent, Full TimeSoulbury Scale B from 3 to 5 plus SPA Location
Recuriter: Essex County Council

Family Worker (Link Role) - 12 month FTC

Essex County Council
£33049.00 - £37698.00 per annum + + 26 Days Leave & Local Gov Pension
Family Worker (Link Role)Fixed Term, Full Time£33,049 to £37,698 Per AnnumLocation
Recuriter: Essex County Council

Cleaner

North Yorkshire Council
£13.28 per hour
You will be responsible for the cleaning duties on site including dusting, vacuuming and the cleaning of sanitary fittings. Whitby, North Yorkshire
Recuriter: North Yorkshire Council

Cleaner and Caretaker

North Yorkshire Council
£13.28- £13.92 per hour
We are looking for a motivated individual to provide a combination of caretaking and cleaning services at 2 of our village schools. York, North Yorkshire
Recuriter: North Yorkshire Council
Linkedin Banner