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.

The Carer’s Allowance scandal image

The Carer’s Allowance scandal

Government has a choice, says Kirsty McHugh of Carers Trust: continue to rely on the unpaid labour of millions or take action to give a fairer deal to carers.
The new Centre for Young Lives image

The new Centre for Young Lives

Anne Longfield CBE, the chair of the Commission on Young Lives, discusses the launch of the Centre for Young Lives this month.
SIGN UP
For your free daily news bulletin
Highways jobs

Fitness Instructor, Full-Time (Teddington)

London Borough of Richmond upon Thames and London Borough of Wandsworth
Starting salary £24,684pa
Fitness Inst... Teddington
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Director of Economy

York and North Yorkshire Combined Authority
£95,050 - £105,438 plus relocation package
This is an unrivalled career opportunity for an ambitious and experienced leader at a pivotal point in our history. Northallerton, North Yorkshire
Recuriter: York and North Yorkshire Combined Authority

Head of Legal (Monitoring Officer)

York and North Yorkshire Combined Authority
£73,755-82,065 plus relocation package
This is an unrivalled career opportunity for an ambitious and experienced leader at a pivotal point in our history. Northallerton, North Yorkshire
Recuriter: York and North Yorkshire Combined Authority

Programme Administrator / Business Support - London Borough of Culture Team

London Borough of Richmond upon Thames and London Borough of Wandsworth
£32,955 - 39,933 per annum

Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Executive Assistant - London Borough of Culture Team

London Borough of Richmond upon Thames and London Borough of Wandsworth
£32,955 - £42,525 per annum

Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Linkedin Banner

Partner Content

Circular highways is a necessity not an aspiration – and it’s within our grasp

Shell is helping power the journey towards a circular paving industry with Shell Bitumen LT R, a new product for roads that uses plastics destined for landfill as part of the additives to make the bitumen.

Support from Effective Energy Group for Local Authorities to Deliver £430m Sustainable Warmth Funded Energy Efficiency Projects

Effective Energy Group is now offering its support to the 40 Local Authorities who have received a share of the £430m to deliver their projects on the ground by surveying properties and installing measures.

Pay.UK – the next step in Bacs’ evolution

Dougie Belmore explains how one of the main interfaces between you and Bacs is about to change.