PA employers are facing probes into ‘sleep-in’ minimum wage back-pay – Black Triangle Campaign


HM Revenue and Customs (HMRC) has admitted to Disability News Service (DNS) that individual PA employers have been investigated, just like large service-providers such as Mencap.

The government has publicly warned – following a high-profile tribunal ruling involving the charity – that many care workers should have been paid at least the minimum wage for the hours when they were sleeping on an overnight shift.

Many of them should now be able to claim for up to six years back-pay.

But the revelation that individual disabled people who use PAs are also being pursued by HMRC for years of back-pay is now beginning to cause alarm in the independent living movement.

In April, the employment appeal tribunal ruled against Mencap and said the charity should have been paying care workers at least the minimum wage for “sleep-ins”.

Mencap is now appealing against the ruling.

 

Source: PA employers are facing probes into ‘sleep-in’ minimum wage back-pay – Black Triangle Campaign

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One thought on “PA employers are facing probes into ‘sleep-in’ minimum wage back-pay – Black Triangle Campaign

  1. Whether the sleep-in rate needs to be the National Minimum Wage or National Living Wage, dependent on the age of the PA, stills needs further clarification dependent on Mencaps appeal. This will then determine the amount of back pay that needs to be found.

    Irrespective of the decision the resulting costs will be classified as an employers expense and Individual Employers who are not classified as Self-funders have employer expenses paid to them from Local Authorities or Health Authorities via direct payments as stated in their individual support plans.

    So any resulting decision will require these authorities to fund the employer expenses accordingly and as the majority of the funding from these authorities is eventually from Central Government by the Block Grant to each Local Authority.

    Therefore the ultimate responsibility should be shared with each specific local authority and central government.

    Like

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