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

School Crossing Patrol

Durham County Council
Grade 1 £3,615 (approx.) £12.85 per hour
Join our School Crossing Patrol Service! Are you punctual and reliable? Do you have good communication skills and a strong sense of community spirit? Durham
Recuriter: Durham County Council

Education Officer

Durham County Council
Grade 8 £32,597 - £36,363
The opportunity has arisen to represent education in the dynamic work of the multi-agency safeguarding hub (MASH) in Durham. We are seeking a well org Durham
Recuriter: Durham County Council

Home Support Worker

Durham County Council
£26,403 - £28,598 pro rata to hours worked (hourly rate of £13.68 rising to £14.82 per hour)
Adult Care Hawthorn House Home Support Worker - Grade 5 1 x 36 hour Permanent post We are excited to be expanding our team of Home Support Workers w Durham
Recuriter: Durham County Council

Procurement Manager

West Northamptonshire Council
£49587 - £52860
At West Northamptonshire Council, we’re looking for an experienced Procurement Manager to play a pivotal role in the delivery of high quality, value for money services. This is an exciting opportunity to join our forward-thinking central procurement an Northampton
Recuriter: West Northamptonshire Council

Revenues Manager

West Northamptonshire Council
£65098 - £71353
We’re looking for a Revenues Manager to lead our Council Tax and Business Rates service, ensuring high-quality delivery, compliance with legislation, and a strong focus on customer experience. In this role, you’ll lead the strategic direction of Coun Northampton
Recuriter: West Northamptonshire Council
Linkedin Banner