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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime specialist joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll