February 18, 2019 Legal

£400m sleep-in care saga continues after supreme court appeal granted

UK care providers were dealt another blow on February 13th  as the Supreme Court granted Unison, acting on behalf of Tomlinson-Blake, the right to appeal in its sleep-in shift legal battle with Mencap.

The decision, which is set to increase uncertainty in the sector, could see care providers forced to pay an estimated £400million in arrears allegedly owed to care workers deemed to be underpaid for overnight shifts.

The date for the Supreme Court hearing is yet to be set.

Commenting on the decision, Matthew Wort, Partner at Anthony Collins Solicitors, who represented Care England in its intervention on the Mencap vs Tomlinson-Blake case at the Court of Appeal last year said:

“Today’s decision from the Supreme Court extends the period of uncertainty for a care sector desperate for extra government investment. The date for the Supreme Court hearing is yet to be announced, but it has confirmed to me today that it will not be until October 2019 at the very earliest.

“Care providers are in urgent need of both consistency and clarity about sleep-in pay, but sadly the wait for a definitive final position on the issue is many months away.”

“In the meantime, we hope commissioners of sleep-in care will maintain payments to providers, enabling them to continue their current pay practice for sleep-ins.”

For more information, head to: http://www.anthonycollins.com/


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