Care worker calls ruling not to give back pay for overnight shifts 'big kick in the teeth'

A care worker has criticized the ruling by the Appeal Court that overnight care workers should be paid a flat fee rather than the National Minimum Wage, calling it a ‘big kick in the teeth’.

The Appeal Court overturned a landmark court ruling, after care providers warned it could cost hundreds of millions of pounds, when they are already struggling in a tough, fiscal climate. However the decision has left care workers, many of whom are low paid, angry and frustrated,

homecare.co.uk spoke to a care worker who wishes to remain anonymous

She said: “Whilst I understand the considerable ramifications with regard to back pay, not paying the National Minimum Wage (NMW) for sleep ins is unacceptable. We never get a full night’s sleep, even if our client does. We are in unfamiliar surroundings, away from our families, are expected to undertake very long shifts and now not even getting the NMW!

Previous court ruling had made care workers feel valued

“When it was announced that the NMW was to be paid, it did give care workers some feeling of value. They work long hours, have a huge level of responsibility with regard to their clients, etc and now, have been given a big kick in the teeth! It's about time that some of these decision makers came and did a few shifts and live on the pay!

“I work for a national charity in a supported living environment. Supporting a young gentleman with autism, bipolar disorder and learning difficulties. Most of my shift is lone working except for five hours during the day, when two staff work together so that the client can access community activities. My shifts are 25.5 hours, of which nine hours are counted as sleep-in hours. I have never been paid NMW for sleep-ins since the original ruling, even though agency staff assigned to work in the same company have been. This is extremely unfair for the permanent staff.

“My role within the organisation is to support the client with regard to every aspect of his day to day life. Apart from the general activities required to run a house e.g. cooking, cleaning, I provide support in activities in the community, personal care, managing finances, arranging medical appointments and attending with the client, administering medication, monitoring health and managing behaviours. This list is by no means exhaustive.

'I personally know a number of staff who are devastated by the recent court decision'

“Although my client sleeps through during most nights, I don't sleep as I would at home as I am always aware of noises and movements in the house. I go home and sleep at the end of my shift! There are times when my client wakes in the night and needs personal care etc. I spend 25.5 hours in work with no breaks, I can't leave the house to nip to the shop or pop home for a break etc. Sometimes I do three shifts a week. That's 76.5 hours of my time and not that much to show for it to be honest.

“I believe that some organisations have been holding off paying back pay, and the proper rate for sleep-ins in the hope of last week’s ruling. Shame on them! I don't see the directors working for an hourly rate of £7.83. Carers are responsible for the welfare, health and safety of their clients and should be paid appropriately and valued for their commitment. Companies need to stop relying on the goodwill of staff and pay them their worth.

“I can get a cleaner’s job paying £2 an hour more than I get for being responsible for a person’s life. Puts a carer's worth into perspective really!”