United Kingdom - Back-pay decision for on-call work reversed - August 31, 2018

The Court of Appeal reversed a decision that workers should receive the minimum wage during sleep-ins. It ruled in a case brought by disability charity Mencap that social care workers should be considered to be 'working' only during the hours they spend awake, despite the fact that those required to sleep at the homes of service users must be on-call during the night and are thus prevented from acting as if they were 'off work'. A court had ruled in 2017 that care workers should be paid the national minimum wage for every hour of a sleep-in shift, rather than a flat rate - in effect doubling the cost of a shift to £60. It had said providers should be liable for six years of back-pay to carers. The Court of Appeal reversed this back-pay decision.

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For more information, please contact the editor Jan Cremers or Sanne van der Gaag, Amsterdam Institute for Advanced Labour Studies (AIAS) cbn-aias@uva.nl or the Head of communications at the ETUI, Willy De Backer wdebacker@etui.org © ETUI

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