Court of Appeal outcome on care staff sleep-ins duties

Today the appeal court has ruled in the case of Royal Mencap Society vs Tomlinson – Blake, in which Lord Justices Ernest Ryder, Nicholas Underhill, and Rabinder Singh, said: “I believe that sleepers-in…are to be characterised for the purpose of the regulations as available for work… rather than actually working… and so fall within the terms of the sleep-in exception in regulation. This ruling overturns previous judgements stating that sleep ins should be paid at the Living Wage.”

Autism Together takes great pride in its workforce and is committed to paying all its staff a fair and appropriate wage for the incredible work that they do. We are currently assessing the implications of the judgement and will be speaking with local authorities to ascertain whether this ruling will affect the current fee levels being paid. Once we have more information available we will be discussing this matter with our employees through both our Staff and Unison Joint Negotiation and Consultation Committees” (JNCC).