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

Head of Legal Services and Deputy Monitoring Officer

Essex County Council
Negotiable
Head of Legal Services and Deputy Monitoring Officer - Maldon District CouncilMaldon District Council Essex Shared Services is pleased to partner with England, Essex, Maldon
Recuriter: Essex County Council

Administration Officer

Durham County Council
Grade 4 £25,583 - £26,824 Pro-rata
WHATS INVOLVED A vacancy has arisen within Business Services for a temporary Administration Officer. You will provide a comprehensive, robust adminis Spennymoor
Recuriter: Durham County Council

Registered Homes Manager

Durham County Council
Grade 14 £50,269 - £54,495 plus £2,500 recruitment/retention allowance and £3,500 market supplement. The salary with additional payments equate to an earning potential per annum of £60,495 at the top of the grade.
Registered Manager – The Beacon Salary
Recuriter: Durham County Council

Cleaner

Durham County Council
£24,796 pro rata
Cleaner  Full time, 37 hours per week, term time only. Salary Grade 1 (£24,796 pro rata)  Permanent subject to a successful probationary period. Requi Durham
Recuriter: Durham County Council

Operations Manager

Durham County Council
Grade 10 £38,220 - £41,771
Help launch County Durham’s newest cultural landmark. Opening in summer 2026, The Light will bring together art, science, history, creativity and com Durham
Recuriter: Durham County Council
Linkedin Banner