Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Latest NewsThird sectorMinimum wageNight work

Mencap and Unison urge rethink of sleep-shift pay

by Peter Crush 20 Apr 2021
by Peter Crush 20 Apr 2021 Shutterstock
Shutterstock

Mencap and Unison have written a joint letter to the UK Prime Minister Boris Johnson, urging the government to rethink payments made to care home workers on sleep shifts.

The charity and union are responding to a Supreme Court judgment made last month (March), which ruled that sleep-shift workers (primarily care home workers), are not entitled to national minimum wage rates while they are asleep – even though they have been called to be at a place of work and could be required to deal with any matters that arise during the night.

Although Mencap supported the initial Supreme Court verdict because of the potential huge costs that could have been forced in care homes in backdated pay, it said it was united with Unison over the principle of a “properly funded care sector”.

Sleep-shifts and the minimum wage

Sleep-in care workers not entitled to national minimum wage while asleep, rules Supreme Court

The organisations claim “action is needed urgently” to change the rules around sleep-in shifts, and called on the government to ask the Low Pay Commission to investigate the issue to see if it can determine that the “entirety of these shifts” are considered to be ‘working time’.

The letter said: “Acute under funding 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.”

It added: “Each of us will have a friend or relative who relies on the exceptional support provided by social care staff. Or may well need help ourselves one day. This is your chance, prime minister, to show you value their remarkable work with fair pay.”

Mencap chief executive Edel Harris said: ‘Care workers are among the lowest paid in society, yet they do vital, highly-skilled work supporting our loved ones. They deserve better pay.”

She added: “Boris Johnson promised to fix social care – paying fairly for overnight support is the first step.”

In its ruling, the Supreme Court maintained that workers could only be paid for the time that they were awake, not the full overnight hours they were there. It claimed the Low Pay Commission had already made this point clear, and that the government is bound by law to accept the Low Pay Commission’s verdict.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

The inference was that no change could happen until the Low Pay Commission changes its mind on the matter.

HR opportunities in Healthcare on Personnel Today

Browse more HR opportunities in healthcare

Peter Crush

Peter Crush is an award-winning HR journalist who writes for daily newspapers including The Guardian and the Evening Standard, as well as HR and business journals.

previous post
Flexible apprenticeships consultation launched
next post
Legislation must catch up with ‘huge shift in nature of work’

You may also like

Next to improve wage-setting transparency after shareholder pressure

16 May 2025

Top 10 HR questions April 2025: increases to...

2 May 2025

Working when the clocks go forward: how should...

30 Mar 2025

Most businesses will need to adjust wages in...

28 Mar 2025

April 2025: What’s coming up for HR?

21 Mar 2025

The future of apprenticeships: Why higher wages are...

14 Feb 2025

Football club faces modern slavery claim

7 Feb 2025

Employer tax hikes fuel jump in ‘distressed’ firms

24 Jan 2025

Employers support crackdown on unpaid internships

23 Jan 2025

Cost of employing low-wage staff to hit record...

3 Jan 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+