Update on Working Time Directive Sleep-in Legal Cases

A large number of claims were lodged some time ago with the Industrial Tribunal on behalf of UNISON members by our solicitors, Thompsons’ NI,  against 5 Health Trusts on rates of pay for staff undertaking sleep-in shifts in residential facilities.

The common feature with the case lodged with the Tribunal is that affected employees, as part of their employment, are required to perform a “sleep-in” at  a Trust facility. The employee is required to be at the employer’s premises for around 24 hours.  The employee is permitted to sleep or rest when this is possible.  They are liable to be called upon to attend to the needs of the establishment and residents.

Employees are paid at their contractual pay rate for hours worked. The sleep-in shift does not attract the contractual pay rate (including overtime pay rates), but a flat sum of just over £30. If a worker is called upon in the course of the sleep-in, this work is paid at the standard rate.

UNISON is pursuing a case to Tribunal on the following:

1. The failure to pay staff at a rate that accords with the National Minimum Wage for sleep-ins;
    
2. The failure to provide “compensatory rest” in accordance with the Working Time Regulations
    
3. The failure to pay wages for the sleep-in period at the standard (daytime) rate as required by the terms and conditions of employment and;
    
4. The failure to pay holiday that accords with “normal” pay.

The case has been listed for hearing for 5 days in May. We will keep you up to date on any developments through your UNISON local Health Branch and on our social media.

Joe McCusker

UNISON Regional Organiser