William Eichler 08 August 2018

Unison appeals against reversal of £400m sleep-in shift ruling

Unison has lodged an official appeal against the ruling that social care providers will no longer be required to pay £400m in backpay to carers doing sleep-in shifts.

A tribunal last year, ruling against the mental health charity Mencap, concluded support workers who do sleep-in shifts should be paid the hourly minimum wage for the periods they are asleep.

It ordered social care providers to pay their carers six years of back pay, a figure that amounted to £400m.

This ruling was, however, overturned last month by the Court of Appeal - a decision described as a ‘relief to care providers and councils’ by Cllr Izzi Seccombe, chairman of the Local Government Association’s (LGA) Community Wellbeing Board.

However, Unison general secretary Dave Prentis characterised the decision as a ‘mistake’.

‘Sleep-in shifts involve significant caring responsibilities, often for very vulnerable people,’ he said.

‘With too few staff on at night, most care workers are often on their feet all shift, only grabbing a few minutes sleep if they can.

‘That’s why it’s such a disgrace that workers have been paid a pittance for sleep-ins – with some getting just £30 for a ten-hour shift.’

A spokesperson for the trade union said their position has not changed and confirmed that an application to appeal to the Supreme Court has been made.

Commenting on the Unison appeal, Matthew Wort, partner at Anthony Collins Solicitors, said: ‘The Unison appeal to the Supreme Court was to be expected given the importance of the issue to their members - and I would anticipate the Supreme Court granting permission to proceed to a hearing.

‘Care providers throughout the UK will now face further uncertainty at a time when consistency and continuity of the law is greatly needed.

‘We hope commissioners of sleep-in care will maintain payments to providers which enable them to continue their current pay practice for sleep-ins, pending further news from the Supreme Court.’

The £37,000 SEND Problem image

The £37,000 SEND Problem

Natalie Kenneison, COO at Imosphere, argues that the real SEND funding crisis isn’t just about budgets - it’s about the systems behind the decisions.
SIGN UP
For your free daily news bulletin
Highways jobs

Family Support Worker

Durham County Council
Grade 6 £27,269 - £30,060 (Pay Award Pending)
Do you want to work in an ambitious Local Authority with strong leadership and partnership commitment to Children’s Services? Durham County Council a Durham
Recuriter: Durham County Council

SENDIASS Support Officer

Durham County Council
Grade 8 £31,586 - £35,235 (Pay Award Pending)
An exciting and rewarding opportunity has arisen within the busy and fast paced SEND Information, Advice, Support Service (SENDIASS). The service has Durham
Recuriter: Durham County Council

Residential Worker

Durham County Council
Grade 7 £29,093 - £32,654 (Pay Award Pending)
Salary
Recuriter: Durham County Council

Team Leader

Durham County Council
Grade 8 £31,586 - £35,235 (Pay Award Pending)
Salary
Recuriter: Durham County Council

Class Teacher

Durham County Council
£31,650- £33,483
Class Teacher MPS 1 -2   £31,650- £33,483 Temporary – required from Monday 1st September 2025 (subject to DBS) until 31st August 2026 25 hours per wee Durham
Recuriter: Durham County Council
Linkedin Banner