National Living Wage

Sleep-in shifts: Still not put to bed?

female carer sleeping on shift

Since 2014 the payment of sleep-in shifts at an hourly rate rather than in a single agreed payment has been an ongoing and unresolved issue despite the ruling of an Employment Appeals Tribunal (EAT) in that year. The tribunal found in favour of at least National Minimum Wage hourly payments by deeming that the care worker was required to be at a place of work at certain hours and was at the disposal of the employer during that period. Furthermore the employee would be subject to disciplinary action if they failed to arrive on time for their shift.

How do you calculate hours when a carer sleeps on shift?

In 2015 it seemed further clarity was provided through guidelines issued by the Department for Business, Energy and Industrial Strategy. These stated that “A worker who is found to be working, even though they are asleep, is entitled to the national minimum or NLW [National Living Wage] for the entire time they are at work.” But this apparent confirmation must be contrasted with National Minimum Wage legislation published in the same year, which said a worker can only be considered to be “available” when “awake for the purposes of working”.

In another tribunal as recently as this May, involving a carer working for the charity Mencap, the EAT decided in favour of hourly payments for an employee on a sleep-in shift caring for two vulnerable adults. However, ambiguity was given a further lifeline by the judge, who declined to provide a general rule but instead emphasised that each case should be determined on its own facts and considered in relation to different workers’ circumstances.

Care software that handles every sleep-in payment option

Sleep-in shifts are most commonly worked by staff in the learning difficulties care sector and, as a supplier of market leading employee scheduling, attendance recording and care management software, easyLog has many clients operating in this area. Irrespective of the cost implications of any definitive future sleep-in shifts ruling, easyLog clients know that they have at their disposal a functionally-rich solution that enables them to pay their staff efficiently and accurately at both single and hourly payment rates even within a single overnight shift.

What’s more the software can embrace pay schemes where carers are paid at different rates for working with more behaviourally-challenged service users and be paid at higher rates for working in more remote locations. All instantly calculated, clearly presented and exportable into a wide range of third party payroll software products such as Sage and Northgate.

Please contact us if you’d like more information on how easyLog’s software can future-proof your business.

Posted by administrator in care home management, Minimum Wage, nursing home management, payroll analysis, rota software, scheduling software, timesheets

Set your rota for the new living wage

staff scheduling with the easyLog rota app

It’s not long until April and the introduction of the National Living Wage, when virtually all employees aged 25 and over will be entitled to at least £7.20 per hour. For employers working to a tight budget, that means either gritting your teeth and upping the wages bill or juggling your rotas to keep staffing costs down.

Whichever you choose, controlling wage costs by selecting the right staff for the most appropriate job function has never been more important – and neither has having flexible and efficient rota management software.

easyLog’s scheduling system can take the hard work out of organising your rota with a helpful budgeting facility. This enables you to set your rota quickly and easily by filtering workers via factors that determine their rate of pay, such as training, qualifications and seniority.

You can read more about setting a rota to a budget with our staff scheduling software in our flexible working hours case study.

The government recommends taking these four steps to ensure you are ready for the National Living Wage:

  1. Know who is eligible in your organisation
  2. Make the appropriate payroll adjustments
  3. Let staff know about their new pay rate as soon as possible
  4. Check that staff under 25 are earning right minimum wage

Find out more about preparing for the National Living Wage at Livingwage.gov.uk.

Posted by administrator in business support, care home management, domiciliary care and supported living, flexible working, nursing home management, rota software, scheduling software