Solidarity Rep, Graham Williamson is on a mission to get care workers the wages they are due. If you are a care worker read his letter below as it contains important information for you.
If you work in the Care Industry and do 'sleepovers' I thought you should know how employers are avoiding paying their staff the national minimum wage, including when staff sleep on site overnight.
The National Minimum Wage Act of 1998 created this minimum wage across the United Kingdom. This is the lowest hourly pay that employers may legally pay to workers. The current National Minimum Wage (NMW) is £6.08 per hour.
There are only three exclusions to NMW; Share fishermen, Voluntary Workers and Prisoners serving in jail. Many Care Home employers believe (hope!) that if their staff sleep overnight on site they don't have to pay the NMW because they are not technically working. Some will pay workers if they are at the beginning or end of the shift or if awoken.
Case Law says that nightcare workers on sleepovers are still working!
However, there have been a number of Employment Tribunal cases which support the view that when employees were allowed to sleep on shift and had responsibilities throughout the night i.e. could be disturbed to deal with ANY problem (regardless of whether they were) then this was still time at work for the purposes of Regulation 3 of the NMW. These cases include the British Nursing Association v Inland Revenue (2002) IRLR480, Scottbridge Construction Ltd v Wright (2003) IRLR21, South Manchester Abbeyfield v Hopkins (2011) ICR254 and in a 'higher' Court, the Employment Appeals Tribunal Burrow Down Support Services Ltd v Rossiter (2007) UKEAT/0592/07/LA.
Get back what you are due!
I have personally taken a case to a Tribunal and was offered a settlement on the day of over £15,000! Not only does the member now get paid the NMW for sleepovers they also got all the pay they were owed from the very beginning!
If you want to be paid what you are due and reclaim all that you are owed you simply have to join the Solidarity Trade Union online or email firstname.lastname@example.org and we will send you a pack. Then just contact me. The cost of joining is rising soon so don't delay! I will advise you how to get back all the monies you are owed and discuss all arrangements with you! You have no need to worry about your employer's reaction since you are protected from unfair treatment if asserting a statutory right.
You have nothing to lose and everything to gain so what's stopping you? Hope to hear from you soon.
Solidarity Trade Union Representative