Calls to reform ‘unfair’ laws on sleep-in carers
THE GOVERNMENT has been called on to urgently reform “outof-date and unfair” laws on payments for “sleep-in” carers, after the Supreme Court ruled they are not entitled to the minimum wage for their whole shift.
In a landmark ruling yesterday, the UK’s highest court dismissed an appeal by a former Mencap support worker against a previous ruling that carers are only entitled to the minimum wage when they are required to be awake for work – and not while asleep.
Lawyers representing Claire Tomlinson-Blake, who was supported by the trade union Unison, argued carers who work so-called sleep-in shifts are “like a nightwatchman”.
The carer, who worked in the East Riding of Yorkshire, was paid £22.35 for a sleep-in shift between 10pm and 7am plus an hour’s pay at the then-national minimum wage of £6.70, making a total of £29.05.
At a hearing in February last year, her barrister Sean Jones QC told the Supreme Court that carers like Mrs Tomlinson-Blake were getting less than minimum wage.
John Shannon, who worked as an on-call night care assistant at
a care home in Surrey, also challenged the 2018 decision by the Court of Appeal.
The Supreme Court unanimously dismissed Mrs Tomlinson-Blake and Mr Shannon’s appeals.
In the judgment, Lady Arden said a “sleep-in worker who is merely present is treated as not working for the purpose of calculating the hours which are to be taken into account for national minimum wage purposes”. She added “the fact that he was required to be present during specified hours was insufficient to lead to the conclusion that he was working”.
The decision prompted calls for the Government to take action, not just in relation to laws covering “sleep-in payments”, but also the care sector as a whole.
Speaking afterwards, Mrs Tomlinson-Blake said: “This case was never about the money. It was about the principle of treating staff fairly.
“Sleep-in shifts aren’t about just being on call – it’s work. Staff are constantly on guard to protect the most vulnerable in society.
“It was nice to be clapped by the nation, but that was only temporary. The care workforce should be valued permanently.”
Unison general secretary Christina McAnea said: “No-one is a winner from today’s judgment. Everyone loses until the Government intervenes to mend a broken system that relies on paying skilled staff a pittance.”
A Government spokesman said: “We are aware of the judgment from the Supreme Court.
“Care workers perform a vital role and have worked tirelessly through the pandemic to support our most vulnerable, and we are committed to supporting them.”