Union applies to Supreme Court in bid to appeal sleep-in shifts ruling

Unison has applied to the Supreme Court for leave to appeal the Court of Appeal’s recent ruling on care workers’ sleep-in shifts and the national minimum wage.

The union’s head of legal services, Adam Crème, said: “We believe the Court of Appeal got this decision completely wrong and will do everything we can to reverse it.”

Last month the Court of Appeal overturned an April 2017 Employment Appeal Tribunal ruling, finding that the National Minimum Wage (NMW) did not apply to sleep-in shifts unless the worker was awake for the purpose of working.

It has been estimated that if Mencap had lost the case, it would have cost the care sector an estimated £400m in back-dated pay and £200m a year from 2020.

Unison took the initial case to an employment tribunal on behalf of care worker Clare Tomlinson-Blake. It argued that sleep-in shifts should count as working time, and should be paid at an hourly minimum wage.

Crème said: “There will be a period of time when the Supreme Court considers the application, but it is reasonable to expect the court will agree to hear an appeal.

“Assuming this is agreed, UNISON will be taking the appeal forward and fighting for our members.”

See also: The Court of Appeal in Mencap - Nathaniel Caiden considers the Court of Appeal ruling on sleep-in shifts and the National Minimum Wage.