No minimum-pay for East Yorkshire care workerpublished at 11:07 British Summer Time 13 July 2018
Carers who have to sleep at their workplace in case they are needed overnight will not be paid minimum hourly rates after a Court of Appeal ruling.
It follows legal action by The Royal Mencap Society which challenged a tribunal decision made in favour of an East Yorkshire Mencap support worker.
Claire Tomlinson-Blake is among many who haven't been given the national minimum wage while working on what are called 'sleep-in' shifts.
These shifts provide overnight care at a person's house between 22:00 and 07:00.
An employment tribunal had found she used a "listening ear" and her experience to know when she was needed, and therefore was working when she was asleep.
Care England, which represents independent care providers, said the case could have cost the sector £400m in back-dated pay and £200m a year from 2020 if the court had ruled workers should be paid the minimum wage.
This morning the Court of Appeal ruled that carers would not get the minimum hourly wage for 'sleep-in' shifts.
It ruled workers were "available for work" rather than "actually working".
Quote MessageFor the reasons which I have given I believe that sleepers-in... are to be characterised for the purpose of the regulations as available for work... rather than actually working... and so fall within the terms of the sleep-in exception. The result is that the only time that counts for national minimum wage purposes is time when the worker is required to be awake for the purposes of working."
Lord Justice Underhill, Court of Appeal