- The government has refused to answer whether it will give local authorities more money to deal with the crisis
- Court of Appeal decision in July last year empowered the government to issue new guidance on sleeping shifts
- Supreme Court decision may not be made until 2020
Laura Smith MP asked on Monday in the House of Commons “What is the Chancellor doing to make sure local authorities have sufficient funding to allow care providers to pay sleeping shifts at the national living wage rate. The response from the Chief Secretary from the treasury, we are currently working with this with the Department for Health. You could hear from the Commons a jeer of is that is.
So, what was this issue about, well the Court of Appeal in July last year found that care workers are not entitled to minimum wage they work if it counted as a sleeping shift. Later in November of the same year guidance by the Department for Business, Energy and Industrial Strategy agreed which the decision of the Court.
Currently workers are payed a flat fee for the hours instead oh hourly. It is important to note that the reason the workers must sleep at or close to the work place is that if they are needed to work they would, on an on-call basis.
The case has been appealed by the Unison trade union, however it makes take the court until 2020 before it has made a final ruling. Until then worker, care provider and local authorities are all in a state of uncertainty.
Steve Scott of the Voluntary Organisations Disability Group said:
“Government has the opportunity to use a statutory instrument to legislate once and for, so all parties are clear on what the rate of pay should be for sleep in shifts. As things stand this type of work is totally unregulated.
“That leaves staff, commissioners and employers in limbo. We are already seeing hard pressed local authorities introducing cuts to previously agreed rates of pay for sleep-ins. It is inevitable that without government action we will see a postcode lottery of pay rates for overnight support.”