Unison, acting on behalf of Tomlinson-Blake in the ongoing sleep-in shift legal battle with Mencap, has lodged an official appeal to the Supreme Court following Mencap’s victory at the Court of Appeal.
If the Supreme Court accepts the decision and grants leave to appeal, it will cause further uncertainty – possibly lasting until the second half of 2019, a legal expert has said.
The Court of Appeal ruling meant the £400million allegedly owed to care workers who had been deemed to be underpaid for overnight shifts is no longer considered to be due under current legislation – a decision that could now be under threat if leave to appeal is granted and the case is considered by the Supreme Court.
Commenting on the Unison appeal, its head of legal services Adam Crème said: “We believe the Court of Appeal got this decision completely wrong and will do everything we can to reverse it.”
Matthew Wort, partner at Anthony Collins Solicitors, said: “The Unison appeal to the Supreme Court was to be expected given the importance of the issue to their members – and I would anticipate the Supreme Court granting permission to proceed to a hearing.
“Care providers throughout the UK will now face further uncertainty at a time when consistency and continuity of the law is greatly needed. We hope commissioners of sleep-in care will maintain payments to providers which enable them to continue their current pay practice for sleep-ins, pending further news from the Supreme Court.
HMRC is expected to provide an update on the Social Care Compliance Scheme to providers in the scheme (SCCS) by Friday 17 August.