'Backward-facing' Court of Appeal ruling on sleep-in shifts for care workers

13 Jul 2018
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GMB, the union for care workers, has criticised today’s Court of Appeal reversal of an earlier Employment Tribunal judgment that social care staff should be paid the minimum wage for 'sleep-in' shifts.

The ruling relates to social care workers who had been paid a flat rate for shifts where they slept in a patient's house or at a care home to provide support if necessary.

Rehana Azam, GMB National Secretary said:

“This is a backward-facing judgement for low paid, mostly women, care workers who look after the most vulnerable in our society.

“The Employment Tribunal, Employment Appeal Tribunal both ruled that employees should be paid on an hourly rate basis when undertaking this type of work.

“We would hope that any appeal to the Supreme Court will see that common sense approach to the issue restored; so that where a job requires you to sleep in at a premises so that you can be on hand to help a service user, you should be paid a proper hourly rate for those hours.

“Care workers should be paid at least the national minimum wage for time spent being on call whilst on so-called sleep-ins. “

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