THE CARER DIGITAL | ISSUE 54 | PAGE 43
RECRUITMENT & PROFESSIONAL SERVICES
Supreme Court Rules Sleep-In Shift Workers Not Eligible For National Minimum Wage By Hollie Watkins, Banner Jones Solicitors (www.bannerjones.co.uk) To the dismay of employees, but a decision arguably welcomed by employers, the Supreme Court has recently ruled in cases Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad and another (T/A Clifton House Residential Home) that sleep-in shift workers are not ‘working’ when they are asleep. This in turn means that care workers should only be paid the National Minimum Wage hourly rate on sleep-in shifts when they are awake for the purposes of actively working. Here, Hollie Watkins of Banner Jones Solicitors, discusses the case and its implications in more detail. The ruling brings to an end a strenuous four-year legal battle which centred around Mencap, a UK based charity working with people who have learning disabilities. The case threatened to leave care providers with a potential £400 million back-pay bill that would have potentially jeopardised the care of the most vulnerable people in the country.
The cases were brought by two care workers who were sleep-in workers. This means that as part of their shift, they were permitted to sleep either at work, or at a place near work, in case they were required to assist. Whilst working at night, the care workers were to be present in case of any emergencies and provide assistance when required. In relation to the case of Tomlinson-Blake, The Employment Tribunal and the Employment Appeal Tribunal (EAT), found that she was working throughout the entirety of her shift regardless of the number of hours spent sleeping. Therefore, it was confirmed that each hour of her sleepin shift were to be included in the National Minimum Wage calculation when calculating her pay. However, in the Shannon case the Tribunal and the EAT dismissed the claim. Further appeals in both proceedings were heard by the Court of Appeal, which held that neither was entitled to be paid the National Minimum Wage for all the hours of their respective sleep-in shifts. The Government now faces pressure to reform care laws following the Supreme Court ruling which has caused unrest and disappointment amongst care workers. Whilst Mencap is relieved not to have to pay the huge back payment that could have crippled the charity, Edel Harris, Chief Executive of the Royal Mencap Society, stands with employers who demand the Government ‘do a thorough and meaningful review of the social care workforce’. Whilst the ruling has provided some sort of clarity for employers and
has mitigated the potential huge costs payable in relation to back payments, employees now face uncertainty as to their pay. In the midst of an ongoing global pandemic, this has added extra pressure to care workers across the UK. If you are an employer or an employee who would like guidance on sleep-in shift work, please contact the Banner Jones Employment Law team.
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Considering A Career In The Care Industry? Here's What You Need To Know... With a wealth of experience recruiting for this sector, Jon Mason, Recruitment Manager at Maria Mallaband Care Home Group fills us in on what you need to know when considering a role in the care home industry.
WHAT ROLES ARE ON OFFER IN THE CARE HOMES SECTOR? Whilst direct care is the key purpose of course, care homes are also mini communities where there really is something for everyone. There are plenty of creative, practical and management roles in the team too, with positions in catering, wellbeing and social activities, administration, housekeeping, management, maintenance, quality control, and even transport.
DO YOU NEED SPECIFIC QUALIFICATIONS? Whilst there are some roles that do need specific qualifications there are many that don't. In fact, in many cases getting hands on experience whilst studying can be a much more effective way to learn plus some employers actually value the opportunity to align your learning to their own methods and practices. For example, Maria Mallaband currently has a number of Trainee Nurse Associates studying with universities across the UK alongside their current roles. Being able to earn and learn like this gives them the opportunity to become fully qualified nurses without having to worry about funding.
ARE THERE ANY PARTICULAR SECTORS THAT ARE WELL SUITED TO A CAREER IN A CARE HOME? With the pressures of the ongoing pandemic on
certain industries, many are needing to look elsewhere for reliable employment. We've seen more applications for those who want to completely change their career path and are now looking to build a long-term future in the care sector. Many of our most recent hires have come from completely different sectors, including project management, children's activities, hotels, and even personal training. Those within retail, customer service and hospitality have developed great interpersonal skills and are able to work as part of a team. In sectors that are struggling, people are now considering where those skills could be applied elsewhere, and care homes have a lot to offer.
WHICH ARE THE RELEVANT SKILLS THAT YOU WOULD LOOK FOR? One of the most important skills you can bring to this field is passion! After all, it might be your place of work, but it is home for those who live there. It’s also important that people who choose this career are confident communicators and empathetic, whether they engage directly with those living there or not. Those within retail, customer service and hospitality often cultivate great communication skills and have learnt to work well as part of a team. As well as customer facing roles I have already mentioned, there are plenty of other roles that could provide relevant skills. Experience in the food industry could lead to a career in the catering team, or perhaps a role co-ordinating hobbies and activities for those with creative or artistic inclinations. More practically minded individuals may be well-suited to general maintenance, cleaning or transport positions. A passion for people and companionship as well as the work you do can make such an impact on your role and those around you. With each home operating as its own community accommodating every need for those who live there - the possibilities really are endless.
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