Relief at change of heart on back-pay

WELFARE CHARITIES have expressed relief at the government’s decision to overturn tribunal rulings on overnight pay for sleep-in care workers which would have left them liable for up to six years of back-pay. But they have warned of the impact of now having to pay more for such shifts.

Two tribunals adjudicated last year that staff at care facilities overnight should be paid the minimum wage throughout the sleep-in period.

Charities had typically paid fixed sums of around £30 for the sleep-in shift, equating to £3.33 per hour. The statutory minimum wage is £7.50 an hour.

On Wednesday, the government waived financial penalties levied on charities and will prevent the tax authorities from pursuing back-pay.

Dr Beverley Jacobson, chief executive of Kisharon, said the learning disability charity would have been liable for around £200,000, which would have had a “huge impact” on its services.

But, from now on, it would have to meet the £7.50 an hour cost. “This whole issue of having to pay staff the minimum wage for sleep-in nights has the potential to completely unravel the industry,” Dr Jacobson added.

Although “in theory”, the added costs would be borne by local authorities and social care commissioners, it was unlikely they could afford to.

“Therefore the likely result is that they will either not approve packages of care or will do a cost risk analysis and remove sleep-in cover from packages,” Dr Jacobson explained. “If this happens, it will put vulnerable people at risk and make it unsafe for providers to offer such care.

“This will cause a contraction of the industry with a resultant decrease of availability of this hugely needed provision. Many individuals with learning disabilities will be inadequately supported.”

Elaine Kerr, the chief executive of Norwood, feared that paying more for sleep-in staff would have “disastrous consequences” for the sector.

“At present, we are ensuring that all our staff are being paid the national minimum wage. We’re relieved and grateful that the government will work with the sector to minimise what could be a fatal blow to many providers.”