UK national minimum wage
May 5, 2016 10:05 AM   Subscribe

A family member of mine, "Anne" works as a carer for the disabled. She works a 24 hour shift 9-9 the next day, sleeping on site with a monitor to hear when she is needed. Anne previously received a wage per shift. Anne has now been informed that there will be one wage for day and another for night-the night wage is below nmw and her entire shift wages would not quite meet nmw.

The company Anne is employed by are adamant this is correct. Guidance from unison suggests otherwise, but is a few years old. Anne would like to know if she has a case to fight (her colleagues are very unhappy but are reliant on their jobs, unlike Anne who is willing to resign if necessary). YANML/Anne's lawyer etc.
posted by threetwentytwo to Work & Money (5 answers total) 1 user marked this as a favorite
Official UK Government page

Of special interest:
A sleep shift in the night period (eg care worker) counts as working hours if the worker is both:

on call
in the workplace

Workers on a sleep shift can be paid a flat rate for the shift, but their average pay must not fall below the National Minimum Wage.
posted by Wysawyg at 10:11 AM on May 5, 2016 [4 favorites]

But you can add the benefit of the accommodation to the wages paid. So if their daily rate is only 5.35 shy of National Minimum Wage, they're in the clear.
posted by politikitty at 10:17 AM on May 5, 2016

It doesn't sound to me like Anne gets accommodation, though--it sounds like she sleeps at the home of the disabled person (i.e., the worksite) during 24 hour shifts. I didn't get the impression that this was her place of residence.
posted by The Elusive Architeuthis at 2:51 PM on May 5, 2016 [4 favorites]

Would it be worth contacting CAB? Anne might also want to contact her union directly if she is organised through them.
posted by kariebookish at 3:19 PM on May 5, 2016

It may be worth calling the Acas helpline for advice on this. Acas would be able to tell her if what they are doing is legal and to advise on her options.
posted by Aravis76 at 12:27 AM on May 6, 2016

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