A: When you are asleep.
In a landmark UK employment law case, Mencap have won their appeal against the previous tribunal decision which compelled care providers to fund six years' back pay for overnight carers.
The case focuses on care workers who provide overnight care. Workers used to be paid a flat fee of around £30 for an overnight stay but after an employment tribunal involving a Mencap support worker from Yorkshire, HM Revenue and Customs said they should be paid at least minimum wage for every overnight hour.
This left care providers facing a £400 million bill for back pay. They argued that this was unaffordable.
The Court of Appeal has now ruled that they are not liable for the back pay.
What's interesting about this case is that despite overturning the initial tribunal decision, many care providers are now play minimum wage for each hour of overnight work. Mencap said it intended to continue to do this.
So, all in all, a fair outcome for workers, but not one that is going to bankrupt our care sector which does seem to be a good outcome for all.
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