header-logo header-logo

13 July 2018
Categories: Legal News
printer mail-detail

Sleep-in carers lose minimum wage case

Care workers are not entitled to the minimum wage for all the time they are on a ‘sleep-in’ shift, the Court of Appeal has held in a decision of major significance to the care sector.

In Royal Mencap Society v Tomlinson-Blake [2018] EWCA Civ 1641, the charity Mencap successfully argued against an Employment Appeal Tribunal ruling last April to the effect that overnight care workers could claim six years’ backpay at national minimum wage (NMW) level.

James Davies, partner at Simons Muirhead & Burton, who acted for Mencap, said: ‘The Court of Appeal in Mencap held that on a straightforward reading of the Regulations, workers on sleep-in shifts were only entitled to have their hours counted for NMW purposes when they were (and were required to be) awake for the purpose of performing some specific activity.

‘This judgment will have an enormous impact on the care sector. The potential historic liability, through a gap in funding—estimated in the hundreds of millions of pounds across the sector—threatened some providers’ future viability had they been obliged to pay their staff the NMW for the whole of sleep-in shifts at residential homes and care homes.’

However, Dave Prentis, Unison general secretary, said: ‘This judgment is a mistake, but let’s be clear where the fault lies.

‘Social care is in crisis, and this situation wouldn’t have arisen if the government had put enough money into the system and enforced minimum wage laws properly. Sleep-in shifts involve significant caring responsibilities, often for very vulnerable people.

‘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.’

Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll