A new compliance scheme was launched back in November 2017 for social care providers that may have incorrectly paid workers below the minimum hourly rate for full shifts. This relates to sleep-in or night shift care workers who were paid a fixed rate rather than the hourly National Minimum Wage. How did it come about? For years, the UK Government and the HMRC allowed employers to pay sleep-in or night shift carers a flat rate, which for some workers was as little as £30.00 per shift. Following two Employment Appeal Tribunal cases in 2016, in which support workers took their employers to employment tribunal to challenge how they were being paid for sleep-in shifts, this all changed. The tribunal ruled that support workers should be paid the hourly National Minimum Wage for sleep-in shifts, with up to 6 years back dated payments. The Social Care Compliance Scheme To help assist social care providers who may have underpaid workers, the Government introduced the So...
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