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.
These firms have now been named but have they been shamed.
Also have these firms had to pay any financial penalty for them not paying the National Living Wage.
We are warning national and local government that care for the most vulnerable young people is at risk
From Vox Political: I agree with Theresa May!
Modern slavery does exist – not least in work schemes for benefit claimants operated by the Conservative government.
Long-term readers will know that This Writer is a firm believer in leadership by example. If Mrs May wants people to believe she wants to fight modern slavery, then let her start with the schemes run by the Department for Work and Pensions.
If the DWP sends a benefit claimant to work for a company, then they should receive at least the minimum wage from that company while they are doing the work. Otherwise, they are being forced to work for the benefit of others rather than themselves, which is slavery.
Until she addresses her own government’s behaviour, Mrs May can never be taken seriously on the wider issues.
Grab your popcorn. This showdown between Philip Hammond and John McDonnell is everything. from The Canary on 8th September 2017
HMRC’s pursuit of backdated payments for workers providing sleep-in care could cost sector £400m, says Royal Mencap Society.
All should be equal and as there is a National Living Wage for persons 25 or over and a National Minimum Wage for persons under 25 then all in work should be paid, at least, these rates.
If an exception is made for disabled people, who will be the next exception and so on and employers need to be made aware that the UK will not accept any exceptions.
Disabled people are great employees and because they want to work employers can count on them to be punctual and willing to work.
They are not second-class citizens, if anything is second-class it is Society and the elites who are wishing this upon disabled people.
Council tax rises in 2017/18 will not bring in enough money to prevent the need for further deep cuts to local services next year, the Local Government
Alys Phillips admits she found it daunting when she did her first solo sleep-in shift as a care support worker two years ago. But now she says she would willingly cancel social arrangements to do more of the 24-hour stints, from 3pm one day to 3pm the next.
Phillips says her work with people with learning disabilities in rural Wales and the Welsh valleys is hugely satisfying. She helps with daytime domestic tasks in their homes, sees the residents to bed and helps them to get up again the next morning. She is allowed to sleep from 11pm to 7am – but is on hand if something happens during the night.
“Things do happen, but not regularly,” says Phillips, a 23-year-old graduate. “I clock off at 11 and go to sleep and I’m up at around six, ready for when the residents wake; then I assist with breakfast and help them get ready for the day. I’ve become acquainted with numerous service users and their daily routines.”
While Phillips insists she is not money-motivated, she does acknowledge that a recent, significant pay rise for the sleep-ins has proved very welcome. Previously she was paid a flat £30 for the eight hours of presumed sleeping time. Now she gets £57, almost double. She works for Cartrefi Cymru – a not-for-profit support provider – in its office, as well as in people’s homes. Cartrefi is one of a small minority of providers that have been able to raise their sleep-in rates in line with an official reinterpretation of minimum-pay rules that is said to be presenting a “£200m-ish” headache for the social care sector.
That considerable sum is the estimate made by the UK government care minister, David Mowat, who told MPs last week that the sector faced “quite a serious issue” for which no cost provision had been made. “There was a court case around sleepovers in which the law was clarified in a way that the government didn’t expect it to be clarified,” he said. “Now, potentially, charities – and indeed individuals who have got personal budgets – could be held liable for minimum-wage violations going back six years. And the cost is enormous.” (This is the same minister who suggested tackling the care crisis by requiring people to be as responsible for their parents as they were for their children.)