Labour Research May 2014

Law Matters

Care workers’ campaign stepped up by unison

Public services union UNISON has launched multiple tribunal claims against Hampshire-based homecare provider Apex Care, which is contracted to provide homecare services to local councils in Hampshire, Dorset, Wiltshire and Portsmouth.

Homecare workers are entitled to the National Minimum Wage for travel time between each visit to a service user. This was conclusively established in the case of Whittlestone v BJP Home Support Limited (see Labour Research, February 2014, page 21).

Even so, UNISON says that Apex continues to refuse to pay its zero hours staff for this travel time, or to consider any back pay for previous periods of working.

The union also reports that the company has served notice on carers that their lease cars are being withdrawn, leaving staff unable to do their jobs.

Commenting on the case, UNISON regional organiser Peter Terry said: “Apex Care is publicly funded by Hampshire County Council who, as far as I can see, has done nothing to ensure they and other care providers comply with the law.

“We have it on good authority that the council was aware of these minimum wage breaches as far back as 2012 … It seems to us that they are more interested in protecting the interests of their contractors than the elderly and most vulnerable in our communities and the low-paid women carers who care for them.”

www.unison.org.uk/news/articles/unison-launches-legal-claims-against-apex-care