William Eichler 08 August 2018

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

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

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.’

Tackling mistrust about vaccines image

Tackling mistrust about vaccines

Dr Justin Varney looks at how Birmingham is working to tackle the ‘layers upon layers of mistrust’ among ethnic minority communities that is ‘now playing out in vaccine hesitancy’.
SIGN UP
For your free daily news bulletin
Highways jobs

Mayoralty & Business Manager

London Borough of Richmond upon Thames and London Borough of Wandsworth
£41,292 - £50,034
The Mayoralty & Business Manager will be responsible for maintaining the reputation of both Mayoralties and promoting a positive image of... London (Greater)
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Joint Assistant Director - Communities and Wellbeing

Babergh & Mid Suffolk
£75,000
Babergh and Mid Suffolk District Councils are at the forefront of joint working and are a progressive award-winning partnership Ipswich, Suffolk
Recuriter: Babergh & Mid Suffolk

Customer Services Assistant - Annualised Hours

Essex County Council
£18029 - £19329 per annum
Customer Services Assistant - Annualised HoursPermanent, Part Timeup to £19,329 per annum pro rataLocation
Recuriter: Essex County Council

Customer Services Assistant - Annualised Hours

Essex County Council
£18039 - £19329 per annum
Customer Services Assistant - Annualised HoursPermanent, Part Timeup to £19,329 per annum pro rataLocation
Recuriter: Essex County Council

Practice Supervisor - Children & Families Service - Northallerton

North Yorkshire County Council
£39,880 - £43,857 per annum pro rata + relocation support
An exciting position has arisen for an enthusiastic, well-motivated Practice Supervisor to join the Northallerton team. White Rose House, Northallerton. We very much promote flexible working with the ability to work remotely from a variety of bases as well as from home, whatever makes sense and is suitable to provide the best service.
Recuriter: North Yorkshire County Council

Public Property

Latest issue - Public Property News

This issue of Public Property examines how how flexible workspaces can lead the way in regeneration for local authorities, Why local authority intervention is key to successful urban regeneration schemes and if the Government’s challenge of embracing beauty is an opportunity for communities.

The March issue also takes a closer look at Blackburn with Darwen Council's first digital health hub to help people gain control over health and care services.

Register for your free digital issue