Unison have announced that the Supreme Court has granted them permission to appeal against the Court of Appeal's decision in the combined cases of Royal Mencap Society v Tomlinson-Blake v and Shannon v Rampersad and another (T/A Clifton House Residential Home).
The Court of Appeal held in July 2018 that carers who were required to stay overnight at a client's home but were permitted to sleep when they were not carrying out duties were only working when they were actively performing duties. This meant that they were not entitled to the national minimum wage while they were sleeping. Employers in the care sector breathed a collective sigh of relief when the Court of Appeal's judgment was handed down; if the judgment had gone the other way, they would have faced very large back payments. This decision has therefore tipped employers back into uncertainty.
We understand that a date has not yet been set for the hearing but it is unlikely to be before October this year.