Sleep-in legal saga will go on

UK care providers have been dealt another blow today (13 February) as the Supreme Court granted Unison, acting on behalf of Tomlinson-Blake, the right to appeal in its sleep-in shift legal battle with Mencap.

 The decision, which is set to increase uncertainty in the sector, could see care providers forced to pay an estimated £400million in arrears allegedly owed to care workers deemed to be underpaid for overnight shifts.

The date for the Supreme Court hearing is yet to be set but is unlikely to be before October this year.

 Commenting on the decision, Matthew Wort ,partner at Anthony Collins Solicitors, said: “Today’s decision extends the period of uncertainty for a care sector desperate for extra government investment. Care providers are in urgent need of both consistency and clarity about sleep-in pay. In the meantime, we hope commissioners of sleep-in care will maintain payments to providers, enabling them to continue their current pay practice for sleep-ins.”

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  1. M

    These staff are aware of the role and rate of pay – they are on call and not actively working so im unsure why they would expect to be paid the rate of pay they would receive if they were awake – how would their colleagues feel if they received the same rate they did for sleeping (unfair) The NHS has staff who are on call and pay them much less than some sleep in rates.

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