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Supreme Court grants appeal over sleep-in shifts

February 14, 2019

Yesterday the Supreme Court granted Unison, acting on behalf of Tomlinson-Blake, the right to appeal in its sleep-in shift legal battle with Mencap.

The decision, which is set to increase uncertainty in the sector, could see care providers obliged to pay an estimated £400m in arrears allegedly owed to care workers deemed to be underpaid for overnight shifts.

Matthew Wort, partner at Anthony Collins Solicitors, said the Supreme Court’s decision to grant the appeal extended the period of uncertainty for a care sector desperate for extra government investment.

“The date for the Supreme Court hearing is yet to be announced, but it has been confirmed that it will not be until October 2019 at the very earliest,” said Mr Wort.

“Care providers are in urgent need of both consistency and clarity about sleep-in pay, but sadly the wait for a definitive final position on the issue is many months away.

“In the meantime, we hope commissioners of sleep-in care will maintain payments to providers, enabling them to continue their current pay practice for sleep-ins.”


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