The court of appeal has overturned a ruling on payments for care workers who carry out “sleep-in†shifts for clients with learning disabilities, potentially averting a crisis that employers claim would have jeopardised the care of vulnerable people.
A court ruled last year that care workers should be paid the national minimum wage (NMW) for every hour of a sleep-in shift, rather than a flat rate – in effect doubling the cost of a shift to £60. It said providers should be liable for six years of back-pay to carers.
On Friday, the court reversed the back-pay decision and ruled flat-rate payments were fair, meaning sleep-in shift care workers could receive the full rate only for those hours during which they were awake and assisting the client.