Providers of learning disability services and our trade associations have been calling on Government this week to resolve the sleep-in crisis without further delay. Changes were made to official Government guidance in response to employment tribunal findings that staff are eligible for the national minimum wage for all hours spent on sleep-in duties and the entitlement is being backdated by 6 years to a time when the guidance clearly stated that time spent on sleep-in duties did not count for minimum wage purposes. Providers of services had never received this level of funding and can only pay it to our staff when the Government makes funding available to meet the increased payments that HMRC are now enforcing. Bethphage has been supporting Mencap and the alliance of learning disability providers in publicising the huge risks to the sector created by this issue and calling on Government to solve the problem created by differences between their old guidance and the tribunal findings / new guidance.
To find out more about this issue please see our briefing at www.bethphage.co.uk/sleep-ins