The Supreme Court has granted Unison the right to appeal a judgement which found care providers should not be liable for £400m in backdated pay for social care staff’s sleep-in shifts.
No date has been set for the appeal against the ruling in July which overturned a 2015 tribunal decision. This had left care providers with a collective liability for national living wage pay backdated over six years.
Anthony Collins Solicitors, which represented Care England in the case, said the substantial arrears would have caused more than two-thirds of the providers to enter bankruptcy.
Unison argued the July ruling was wrong and “at odds with legal precedents and common sense understanding of what counts as work”.
Matthew Wort, a partner at Anthony Collins Solicitors, said it had been confirmed the appeal hearing will not take place until October 2019 at the earliest.
He added: “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.”