Appeal court ruling on sleep-in shifts 'wrong'


The Court of Appeal has ruled that carers working “sleep-in” shifts are to be characterised as available to work, rather than actively working, and are therefore not entitled to the National Minimum Wage.


The appeal court's judgment in favour of the charity Mencap overturns a previous ruling at an Employment Appeal Tribunal in April 2017.


Public services union UNISON said the court’s decision was “wrong” and “is at odds with legal precedents and a common sense understanding of what counts as work”.


UNISON took the initial case to a tribunal on behalf of care worker Claire Tomlinson-Blake. It argued that sleep-in shifts should count as working time, and should be paid at hourly minimum wage rates or higher.


The union argues that most care workers on sleep-in shifts aren’t sleeping. Most nights they have to get up to care for people, are on constant call, and are not free to come and go from their place of work.


UNISON general secretary Dave Prentis said: “Sleep-in shifts involve significant caring responsibilities, often for very vulnerable people. With too few staff on at night, most care workers are often on their feet all shift, only grabbing a few minutes sleep if they can.


“That’s why it’s such a disgrace that workers have been paid a pittance for sleep-ins — with some getting just £30 for a 10-hour shift."


https://www.unison.org.uk/news/press-release/2018/07/sleep-shifts-judgment-huge-mistake

www.employeebenefits.co.uk/issues/july-2018/court-appeal-sleep-in-minimum-wage