NEWS FLASH: Supreme Court rules in favour of Mencap in sleep-in shift case


Care providers have avoided having to pay back millions of pounds in arrears to care workers following a landmark court ruling.

In its long-awaited judgement on the Royal Mencap Society v Tomlinson-Blake sleep-in case, the Supreme Court ruled that carers do not have to be paid minimum wage for a full sleep-in shift.

Mark Milton, Chief Executive of care provider Ambient Support, said: “There would have been a severe impact on our ability to continue to deliver quality care and support if the ruling had gone the other way – but this is not a victory for employers like us.

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“We support any move to deliver fair and equitable pay for social care staff for the brilliant work they do. But local authorities and the NHS have to give us the funding for that pay – and government has to give them the means for that funding.

“This is only one of many critical issues that need to be resolved to keep the social care system from collapse. We will continue to work with others in the sector to voice our concerns and to press politicians to urgently resolve the crisis in the care system.”

Professor Martin Green OBE, Chief Executive of Care England, said: “After a lot of uncertainty it is useful to have this ruling from the Supreme Court. Our staff are our best resource and need to be valued as such.  This is all part of the broader picture of the much needed reform of the adult social care sector which we will continue to press the Government on.

“Care England continues to call for a ten year plan for adult social a key part of which is a workforce plan, akin to that of the NHS, where career progression, pay and rewards are identified. We hope that the Government will take account of this issue and the sector’s economic fragility in its forthcoming Spending Review.”

Tags : legal

The author Lee Peart

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