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skip to content site navigation home there for you conferences ndc retired members about us introducing the community branch learning representative caseworker report branch secretary report 2017 branch chair report treasurer report 2017 welfare officer report a brief guide to branch meetings contact us find us tuc link links member benefits join unison welcome to unison west midlands community branch click to get involved sleep in update possible questions and answers following judgment in the tomlinson-blake vs. mencap case what is unison’s reaction to this judgement? - we’re obviously disappointed but the wider implications remain to be seen and we think this is a decision that can and should be challenged. - we strongly believe that if care workers have to be available in their place of work (and not in their own homes), and they would be disciplined if they left their work premises, then that should be recognised in their wages. - this is yet another symptom of a chronically underfunded care sector, and poor enforcement of minimum wage laws. ministers should now step up and take decisive action. doesn’t this show that unison should never have been claiming that overnight sleep-in shifts are working time? - absolutely not. this judgment comes after numerous court and tribunal decisions that defined these shifts as working time. - hmrc, the government and many organisations providing care have all gone on record as agreeing with this interpretation – that people should be paid at least the minimum wage for every hour of their sleep-in shift. - care staff doing these shifts are: - working away from their homes, so they are necessarily away from their family and friends (and may have to sort and pay for childcare) - they would be disciplined if they left their place of work, they can’t nip home for an hour or pop down the road for a bag of chips - staff are often required to deliver care in the night, sometimes to people with acute care needs, and in many cases don’t even get to sit down, let alone lie down and sleep - they are often fulfilling a legal responsibility placed on their employer to have staff on site. - by anybody’s common sense definition, this is working time. isn’t this good news for a cash strapped sector? - no, it’s yet another signal that we do not value the work of carers highly enough. security guards paid to look after office buildings throughout the night are paid an hourly rate for their entire shift, regardless of whether they are able to grab a few minutes shut eye or not. - care workers, hmrc, the government and the organisations and charities providing care have all said these wages should be paid. - if there is one thing that will damage the care sector, it is the continuation of poverty wages and exploitative employment practices. - this decision could potentially make it even more difficult to employ people in vitally important caring roles. - that’s why unison will be seeking leave to appeal this decision, so that care workers can be paid properly and receive wages they have already earned, and are owed. what should the government do now? - first of all, we need a minister to take ownership of this issue. that has been sadly lacking in recent years. - one of the reasons this situation has arisen, is because we’ve had a revolving door of ministers, none of whom has taken decisive action needed on the issue of funding. - the care system is in crisis, and none of these issues would have arisen if the government had put enough money into the system. irrespective of this judgment, they should fund the sector so these wages can be paid. - it remains to be seen if the government should revisit nmw regulations, but if more clarity is needed it should be provided. it’s not yet clear what it will mean for staff being paid an hourly rate, and the concern is that employers may move back to flat rate payments. so, you want the government to ignore the judgement? - no, we want the government to make good on its promise to ensure wages earned are wages paid. - this is one judgment that can and will hopefully be challenged. we do not believe that it changes the fact that overnight sleep-in shifts should be considered working time for the purposes of calculating the national minimum wage. what does this mean for the care sector? - even leaving aside this issue, the care sector is chronically underfunded. - workers have been subjected to poverty wages and exploitative employment practices for many years. this is yet another signal that their work is not valued highly enough. - if overnight sleep-in shifts were to be downgraded to simple availability for work it would be disastrous. - who could blame care workers for leaving the sector in their droves, and if they began to look for better paid, less stressful work elsewhere. what does this mean for government policy? - the government has never had a policy to deal with the issue of unpaid wages because it has never addressed the issue of additional funding needed. - the government should maintain a policy that defines sleep-in shifts as working time and a deliver a process which will see back pay paid to workers and fully funded so it doesn’t come from the already under pressure care sector. is this issue devolved and what are the differences across the uk? - enforcement of the minimum wage is not a devolved issue. - only the scottish government is in the process of providing additional money so that these shifts are funded as working time. advanced talks are taking place to ensure sleepovers are funded at the rate of the real living wage per hour (£8.75). this change should, subject to agreement and funding, come into force later this year. - no part of the uk has made any announcement on funding to address the issue of back pay. join unison follow us… facebook twitter instagram pinterest sign up to our newsletter sign up please enter a valid email address thanks, you are now subscribed to our mailing list sending… © unison wmc branch 2018 powered by create ecommerce

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Whois Information

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Domain name:
unisonwmcbranch.co.uk

Data validation:
Nominet was able to match the registrant's name and address against a 3rd party data source on 01-Mar-2016

Registrar:
Create Internet Ltd [Tag = CREATE]
URL: https://www.create.net

Relevant dates:
Registered on: 01-Mar-2016
Expiry date: 01-Mar-2020
Last updated: 12-Dec-2017

Registration status:
Registered until expiry date.

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WHOIS lookup made at 22:14:17 23-Aug-2018

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SERVERS

  SERVER co.uk.whois-servers.net

  ARGS unisonwmcbranch.co.uk

  PORT 43

  TYPE domain

DOMAIN

SPONSOR
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Relevant dates:

  CREATED 01-Mar-2016

  CHANGED 12-Dec-2017

STATUS
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NSERVER

  ERIN.NS.CLOUDFLARE.COM 173.245.58.113

  PLATO.NS.CLOUDFLARE.COM 173.245.59.223

  NAME unisonwmcbranch.co.uk

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