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- Alison holt
- BBC Social Affairs Correspondent
Claire Tomlinson-Blake spoke to BBC after verdict
The UK High Court has ruled that social workers across the kingdom who are forced to sleep at their workplace when needed are not entitled to minimum wage for their entire night shift.
The ruling was issued in a case brought by Claire Tomlinson-Blake v. Mincap, a charity that provides care for people with learning disabilities.
Had the ruling been made in Tomlinson-Blake’s favor, Mincap would have had to pay caregivers £ 400million, an amount the foundation says it cannot cover.
Tomlinson-Blake hoped today’s ruling would replace an earlier appeal court ruling in 2018.
Tomlinson-Blake expressed surprise at the court ruling and his appeal was dismissed.
She told the BBC: “I was so frustrated. I thought there was an opportunity to change things, and the medical and social workers appreciated and appreciated the work they did, which is the one of the most important things you can do. “
Tomlinson-Blake added: “Night shifts don’t just mean being on call. A worker must always be on call to protect those at risk.”
Some caregivers sometimes sleep at their workplace between shifts
UK social workers’ union Yoneson has argued these workers are entitled to minimum wages for night shifts, even if they spend it asleep.
“No one wins after today’s decision. Everyone loses until the government steps in to fix a system that gives women little money,” union secretary Christina McKinia said.
Tomlinson-Blake was charging Mincap less than £ 30 for each night shift from 10 p.m. to 7 a.m.
Although she may become drowsy, she is expected to “listen” to any sound made by inmates in the home and provide them with support if needed.
The court also dismissed an appeal by a social worker named John Shannon from Surrey, in the south-east of England.
The court ruled that night workers were not doing work to which they were entitled to minimum wage if they slept.
“The caregivers do an exceptional job,” said Edel Harris, executive director of the Mincap Foundation. “But I am not exaggerating if I said that if the judgment had been rendered differently, it would have had very serious effects on a sector which is already suffering financially,” she added. According to Harris, this means the bankruptcy of some institutions and the suffering of those in need of care. “
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