Cheshire East to pay sleep-in staff minimum wage

Cheshire East Council is to backdate pay owed to staff following a ruling on the National Minimum Wage.

The ruling applies to pay for workers required to work ‘sleep-in shifts’ – where an individual is required to be on duty and even if sleeping.

The employment tribunal ruling in May this year ruled that the charity Mencap and others had underpaid staff by giving them a flat-rate overnight sleep-in allowance, rather than paying at or above the national minimum wage for each of those hours, even if asleep.

Although subject to appeal, Cheshire East Council has decided to comply with the ruling which typically applies to care staff sleeping-in in on overnight shifts in care homes or in individuals’ homes as carers.

Those care staff may have been able to sleep through the night, but were available to be woken in the night and provide care as necessary.

The ruling applies to all employers – including charities, commercial residential and nursing home operators and councils all over the country.

Cheshire East Council has said that it has completed its initial assessment, reviewed its policy, and is proposing a solution moving forwards to our staff trade unions and the individuals concerned.

The majority of staff the council has identified as affected over the last two years are in the Care4ce domiciliary care team, as well as a handful of other roles including some staff at Tatton Park.

All members of staff affected will receive their pay arrears, going back two years, in their October salaries.

Councillor Paul Findlow, cabinet member for corporate policy and legal services said:

“We have undertaken an extensive review to establish exactly who this ruling affects and how much each individual is owed. Cheshire East Council is a responsible employer – we respect and value all our employees and want to ensure that they are paid fairly for the valuable work they do.”