Back pay bill puts overnight care at risk

A back pay bill may put thousands of people across England who require an overnight care worker at risk, claims Martin Green of Care England.

Writing in the Guardian, Green states that the crisis has arisen “due to lack of clarity in national minimum wage regulations and inconsistent government guidance,” and that the back pay bill, which is estimated to total around £400m, would be disastrous for the care of people with learning difficulties.

The government has not provided a solution to this huge issue, but has waived financial penalties over back payments. The Social Care Compliance Scheme has been set up to encourage care providers to contact HMRC and calculate the costs that they will have to pay by the end of March 2019.

Care England, who have been given the right to intervene in an upcoming Mencap appeal which will determine if a Mencap employee was working while she was on a sleep shift, are hoping that the court can clarify the matter at hand.

Green said: “We hope the court can provide much-needed clarity and guidance following the Mencap appeal case that will allow services and people in receipt of care and their families to feel secure that their ongoing care and support needs are protected.”

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