Bear in mind that this is an opinion only, and it is still for the court to determine. What is perhaps most interesting about the opinion, if followed by the court, is its potential impact on the series of worker/employment status cases arising from the 'gig economy'. If, as Mr King was, an individual is 're-categorised' as a worker and is then able to establish that they were 'prevented from taking leave', the resonance of this case could be that they would be able to claim for all unpaid and untaken holiday over the entire period of their engagement. However, that doesn't fit well with the UK position, which limits holiday pay claims made after 1 July 2015 for unlawful deductions from wages to the last two years, following a change made by parliament. Where a break in the 'chain of deductions' is established, the limit is the last three months.
The lack of a limit applied to the carry-over period is again apparently in conflict with previous decisions. The case of Neidel has previously established that an 18 month limit to a carry-over period could well be reasonable.
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Charity to pay care workers minimum wage for sleep-ins 20 June 2017
Mencap has agreed to pay care workers above the national minimum wage for sleep-ins, following a successful campaign by UNISON .
Carers working sleep-in shifts spend the night at either a care home or the home of someone requiring care. They are permitted to sleep during these shifts but must respond to issues as they occur and are obliged to stay on the premises at all times.
The charity Mencap has been in dispute with UNISON over its failure to pay care staff the minimum wage when providing on-call night care.
Some carers had previously been paid a flat rate of £25 for a nine-hour sleep-in shift – which works out at just £2.80 an hour. Staff will now be paid an average of £7.50 per hour for every sleep-in they work from April 2017 onwards.
The changes follow representation by UNISON on behalf of Mencap staff in January 2017.
Mencap has appealed an Employment Tribunal case taken by UNISON relating to back pay for care staff undertaking sleep-ins. The appeal date has not yet been set.
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The Chartered Institute of Payroll Professionals
Policy News Journal
cipp.org.uk
Page 29 of 145
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