Court has ruled in favour of Mencap in the case over sleep-in back pay | Care Industry News

Today, 13th July, the court has ruled in favour of Mencap in the case over sleep-in back pay. This overturns an employment tribunal which ruled that workers were entitled to the National Minimum Wage (NMW) for every hour of a sleep-in shift.

Reacting to the decision, the #SolveSleepIns Alliance, a coalition formed to deal with the sleep-in crisis which represents providers for people with learning disabilities in the UK, is calling on the Government to legislate for all care workers to be entitled to the NMW for all shifts, including sleep-ins, and to raise the level of funding provided to Local Authorities (LAs) and care providers in line with new legislation.

The 2015 case resulted in HMRC pursuing care providers offering sleep-in services for six years of back pay for all staff who had performed sleep-in shifts. This bill was estimated to be around £400 million in total for the entire care sector. In 2017, HMRC set up the Social Care Compliance Scheme which gave care providers one year to self-assess their liability and a further three months to pay back workers. Notably, this scheme offered no assistance to providers in assessing their liability, locating their past staff of up to six years ago nor any information on how past and current employees would be paid. Government did not increase money going to LAs or care providers for the sleep-in shifts moving forward nor any new money to cover the back pay.

Public services to care for people with disabilities are funded by LAs. Central Government funding is then provided to LAs who often contract with care providers to deliver services.


Source: Court has ruled in favour of Mencap in the case over sleep-in back pay | Care Industry News

One thought on “Court has ruled in favour of Mencap in the case over sleep-in back pay | Care Industry News

  1. It should go without saying that every worker in the UK should be paid at least the National Living Wage and in many respects even more as it should be the Living Wage.

    What also should be the case as it states in the article, that all carers should be paid the National Living Wage and as, in most cases, as this funding comes from the respective Local Authorities, who are funded themselves from Central Government, that the Government should fund each Local Authority sufficient to fund all areas of Assessed Need.

    However, currently, the Government is subjecting these Local Authorities to aussterity cuts, who inturn are rationing care in accordance with this reduced funding, therefore the most vulnerable within the UK Society are not receiving anywhere near the care they should be to fully cover their Assessed Needs so that they can live a reasonable life.

    Not an extravagant life, but a reasonable life.

    I woulld go further and state that all care workers who provide good care should be receiving the Living Wage and not the Minimum Living Wage. Because of the poor hourly rates that are being paid within the UK it is and becoming even harder to recruit good care workers and when you do, to retain them.

    Caring should be classed as a skilled employment, as these carers are responsible for the lives for whom they care for, they should ensure their cared for are sufficiently feed, their hygiege is maintained, their toileting needs, their food and drinks are purchased, their medication, where needed is taken and ordered when required,their environment is safe enough to live in and in many respects to ensure their finances are in order. Taking all that into account and many more it is an employment which requires these cares to be extremely responsible in the actions during their employment. However, for all this responsibility their wages do, no where near, match the level of responsibility.

    In many respects the care is provided free, as it is undertaken by Family Carers, who could be parents, their children, their brothers or sisters or anyother relatives. If this free care was costed it would far exceed the costs relating to paid care ‘estimated to be around £400 million in total for the entire paid care sector’. You will see I have had to alter the quote from the article as it originally was ‘estimated to be around £400 million in total for the entire care sector’. For as I have explained the entire care sector includes the paid and unpaid carers.

    In fact it is even more as no mention has been made of ‘Self Funders’ these are the people who require care but ‘If you have more than £23,250 in savings (not including the value of your home or your pension), you may have to pay the full cost of your care.’ This is from NHS Choices

    You will see that the cost of care within the UK costs a lot and this is not taking into account the costs relating to health and the NHS. For any short fall in any of the care stated above, will have a substancial effect on increasing the costs for the NHS.

    But are the Government listening, for if they were listening then they would be attending to the funding of Social Care now as well as the NHS. But they are still to produce a White Paper, current promise is 2019, will the funding then come, well who knows. They, currently are not sure where the extra funding for the NHS is coming from and many are saying, even this promised funding increase is not sufficient for the needs of the NHS, so where will the current URGENT finding for Social Care come from when or if the Government decides they need to do something and they then do something.

    Will the persons with care needs, even be still alive, may be not, if they are or not there are many others coming through. With the increase in people living longer, medical science enabling more persons with disabilities to live and live longer and many others coming through the persons requiring care will be increasing for the forseeable future and beyond.

    Do the Government or in fact any Government Care, I think not.


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