Supreme Court grants permission for appeal against Mencap / ‘sleep-ins’ decision

Topics covered: care home, health and social care law, Hope Davis-McCallion, legal news, minimum wage, Ridouts News

The Supreme Court has allowed an appeal against last year’s Court of Appeal ruling on sleep in payments for care workers. The case argues that sleep-in shifts should count as working time and be paid at least hourly minimum wage rates.

Last year, the Court of Appeal overturned the decision of a 2015 employment tribunal that found former Mencap care worker, Claire Tomlinson-Blake, was entitled to receive the national minimum wage for each hour of sleep-in shifts completed, plus six years of back payments.

Many charities have reacted to this decision, saying that it still does not provide certainty. They have called out for the government to legislate on the issue and provide additional funding for the social care sector and ensure carers were paid properly. Unison has welcomed the news, saying that this decision has meant “there’s the chance to clarify the law once and for all”.


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