Mencap and UNISON seek urgent reform of minimum wage legislation affecting ‘sleep-in’ shifts

Last month the Supreme Court ruled that care providers do not have to pay staff the National Minimum Wage when working ‘sleep-in’ shifts. Reports of the Low Pay Commission (“LPC’) were considered in great detail by the Supreme Court. Both Mencap and UNISON, who were on opposing sides during the case, are now calling upon the Prime Minister to ask LPC to urgently investigate the issue of sleep-in pay and shifts.

In a letter to the Prime Minister Mencap and UNISON state that they are both “united in the same vision – a properly funded social care sector”.

They go on to state:

“UNISON and Mencap are urging you to amend current rules so sleep-in shifts are defined as working time for the purposes of minimum wage law.”

“Acute underfunding lies at the heart of why social care is not fit for purpose. Central government must make more resources available to local authorities to allow much-needed reform. Improving the pay of care workers is the most sensible starting point.”

Maybe this matter will feature in the Government’s programme of engagement with stakeholders and proposals for social care scheduled to be published ‘later this year’.

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