Careworkers’ pay for “sleep-in” shifts

This branch/organisation/CLP notes

a. On the 19th of March, the Supreme Court concluded that care workers undertaking  ‘Sleep-In’ shifts were not legally entitled to the National Living Wage. 

b. The ruling comes as a crushing blow to care and support workers who undertake  some of the most important, yet undervalued work, supporting both older people  and disabled people to live independently in our communities. These workers would  be disciplined if they left their workplace, work long hours away from their families  and rely on ‘sleep–in’ shift payments to bolster poverty wages. 

c. Almost three-quarters of frontline care workers in England are earning below the  “real” living wage, which experts say is the bare minimum to allow families basics  such as a second hand car and a week’s annual UK self-catering holiday, research has  revealed. The proportion of care workers who receive below the Real Living Wage is  higher in northern parts of the country; in the north-east, 82% of care staff earned  less than the England-wide real living wage of £9.50 per hour, while the proportion  was 78% in the north-west. 1 

d. Health and social care is the most stressful industry to work in, according to analysis  by The Office Group (TOG) 2. This research was undertaken prior to the pandemic.  care and support workers have been on the frontline throughout the pandemic – supporting older people and working alongside disabled people who are at higher  risk to the COVID -19  

e. Salford City Council is the first council in the North West to honour the pledge  promoted by Unison NW Stand Up for Social Care Campaign and commit to pay care  and support workers, worker the same rate for night work including sleep-ins as  daytime work, meaning that workers actually receive more than the national living  wage on sleep shifts. Salford Council have committed to: 

i. Protect sleep-in rates to ensures no commissioned providers cut sleep in  payments.  

ii. Increasing funding where requires allowing sleep-ins to be paid at the full hourly  rate.  

iii. Requiring all providers to pay the full hourly rate for sleep-ins via commissioning  and service specifications.  

This branch/ organisation/ CLP believes  

a. That ( Insert Name of Council) should ensure all procured health and social care services will be required to ensure employers to pay ‘sleep-in’ shifts in line with the  national living wage.  

b. We recognise that there are disabled employers funding their care through Direct Payments and believe that the cost of care should not be pushed down to those who  can least afford it. Direct Payments should be increased to reflect this minimum  standard of pay.  

The individual/ branch/trades council/ organisation etc. resolves  

a. To campaign for assurances from the council elected representatives that the rate  for ‘sleep- in shifts’ for care and support worker will be paid with at least the national living wage.  

b. To campaign that councils actively engage with Trade Unions and workers in the  sector to ensure these minimum requirements are being implemented. Employers found in breach of these minimum standards, will be invited into consultation and  negotiations with the City Council and Trade Union Representatives, and should face  sanctions if these requirements are not adhered to.  

c. This motion will be escalated through our organisation’s structures in order to  broaden support for the campaign.

[1 Three-quarters of England’s care workers earn below ‘real’ living wage | Care workers | The Guardian

2 Health and social care the most stressful industry to work in | Practice Business]

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