Careworkers should be paid the national minimum wage for every hour of a sleep-in, even when they are asleep
This is what the Employment Appeal Tribunal has decided in the recent case of Mrs J Whittlestone v BJP Home Support Ltd.
In this case, Mrs Whittlestone was employed as a careworker and was paid £6.35 per hour for time she actually spent providing care at the home of a service user.
She was also required to undertake ‘sleepovers’ where she stayed at a service user’s house from 11pm to 7am. She was there to provide physical care, if required, during the night for three young adults who suffered from Down’s Syndrome. There was no evidence that she ever woke up from her sleep in order to provide any specific care. Mrs Whittlestone was paid £40 per week for any eight-hour ‘sleepovers’ that she undertook. Among other things, Mrs Whittlestone claimed that she should be paid at the rate of the national minimum wage for the eight-hour sleep-in…
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And so it begins — first parts of the Anti-Social Behaviour, Crime and Policing Act 2014 coming into force on 13 May 2014
Provisions of the Anti-Social Behaviour, Crime and Policing Act 2014 are being brought into force in stages by way of ‘Commencement Orders’.
Poor care, unanswered requests for help, enforced incontinence and basic neglect are unfortunately all too common in the care of elderly people.