We are aware that a number of you already pay the National Minimum Wage or Living Wage to your carers for sleep in nights. However, we recognise that some may still only pay an allowance and have been awaiting clarification on the up to date legal position.
This has now arrived. The Employment Appeal Tribunal last week handed down decision on this point. They are still unprepared to give a definite ‘yes’ or ‘no’ but have recommended that it depends on the facts and circumstances that take into account four factors.
1) The workers contract and job description – whether a sleep in is required by their contract or by regulatory requirements
2) How restricted the worker is by the requirement to be present during the night – i.e. can they leave the premises
3) What responsibilities the worker has during that sleep in
4) The immediacy of the requirement to provide services if something untoward occurs or an emergency arises