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

Senior/Principal Regeneration Officer

Fareham Borough Council
£45,465 - £55,379
Our town centre regeneration is moving from planning to delivery, and we're looking for someone who wants to help make regeneration happen. Fareham, Hampshire
Recuriter: Fareham Borough Council

Policy and Reporting Officer (Grade H)

Nottingham City Council
£40,777 – £44,075
You will help ensure staff have access to clear and effective guidance that supports consistent and high-quality practice. Nottingham, Nottinghamshire
Recuriter: Nottingham City Council

Practice Lead (Grade I)

Nottingham City Council
£46,142 - £49,282
This is an exciting opportunity for an experienced social worker Nottingham, Nottinghamshire
Recuriter: Nottingham City Council

Lead Child Protection Practitioner (LCPP) (Grade J)

Nottingham City Council
£51,356 – £54,495
You will promote best practice, support continuous improvement and help drive positive outcomes for children and young people. Nottingham, Nottinghamshire
Recuriter: Nottingham City Council

Strategic Director of Corporate and Governance Services

Isle of Wight Council
Grade 19, from £115,794 to £124,441 per annum
This pivotal leadership role sits at the heart of our council and will give you an opportunity to truly influence organisational success Isle of Wight
Recuriter: Isle of Wight Council
Linkedin Banner