Update on Payments for Sleep-in Shifts in Social Care, July 2019

On 13 February 2019, the Supreme Court granted Unison leave to appeal the Court of Appeal judgment. The case has been listed to be heard on 12 and 13 February 2020.


Key messages

  • The purpose of this briefing is to update councils on latest developments regarding payment of overnight sleep-in shifts in adult social care. Although this briefing focusses on adults, the issue is also relevant to children’s services. 
  • Significant confusion has arisen because of the interpretations by the tribunals of the 2015 National Minimum Wage Regulations and 2015 and 2016 Government guidance on sleep-in payments. This frustrating lack of clarity has caused uncertainty in the provider market and a great deal of anxiety for care workers and those who receive care. 
  •  The LGA supports care workers being paid fairly for the work they do. Since 2016, we have highlighted to Ministers the likely consequences across the system should there be no Government funding to deal with historic, current and future higher costs from sleep-in payments.

Download the full briefing
Update on Payments for Sleep-in Shifts in Social Care, July 2019