Royal Mencap Society -v- Tomlinson-Blake – A reminder of the implications so far for the care sector

18 Mar Royal Mencap Society -v- Tomlinson-Blake – A reminder of the implications so far for the care sector

Sleep-in care workers may well now be lawfully paid a basic fee for sleep-in shifts.

They may not now be entitled to the hitherto claimed back payments of national minimum wage (NMW) (see our previous updates) due from any underpayment below NMW in any prior six year period.

The decision of the case has of course arrived with some warranted relief from the sector wherein its members who provided sleep-in care services were subjected to a deadline of this month – March 2019 – to pay back all and any monies they should have paid to their staff under the NMW threshold.

BUT! This may still be subject to further appeal, thus, employers in the care and health sector are and/or have reviewed their pay arrangements and either changed or assessed the risk already – albeit those within the Social Care Compliance Scheme will indeed need some clear direction now on its application – please do call the employment law and HR team here at Bridge for any support on this issue.