Sleep in confusion

Danwj7 · 11 December 2017 at 12:38PM

Good morning, I work for a large care company and have done a number of sleep ins, with the recent news of sleep ins being paid at hourly rate I, like others got quite excited about a bit of extra money. That was until I learned that I wouldn’t be getting an extra penny at all, why? Here’s the interesting and most frustrating part, my hourly rate is £9.35 per hour because I have worked my way up to being a senior support worker (I get it in the neck when things aren’t right), now what my employers have done is evened out all hours worked, including sleep ins between July and November to give staff back pay for sleep ins, which is great unless you’re on a higher rate, as I am, my higher rate has compensated the sleep in money meaning I was only getting NMW for my shift, so me working hard to climb the ladder means nothing! I’ve been persecuted for doing well.
Is anyone else in the same or similar situation?
Dan James

IAmWales · 11 December 2017 at 12:55PM

Lots of people are in the same situation. As long as you're being paid NMW then your employer is not doing anything unlawful.

You might want to look up the meaning of persecution. You're not being persecuted, to suggest so is quite silly.

TELLIT01 · 11 December 2017 at 1:12PM

Penalised rather than persecuted, but I understand your displeasure at the situation. The law only requires that NMW is paid for all hours, not that the persons normal hourly rate is paid.

jobbingmusician · 11 December 2017 at 2:18PM

Hold on though. This is the second post like this, and I'm really not sure about what is going on.

Are you saying 'I had a contract to be paid £x (let's call it £12) per hour which involved me doing sleepins, which were unpaid. My employer has now done a back calculation on these figures and said that what they were ACTUALLY doing was paying me NMW for all the hours including sleep in' ? If so, I suppose this is legal but quite frankly I doubt it, because you are not being paid your contractual pay for your waking hours.

If your contract is based on a salary (£x a year) you are in a weaker position, since you have been paid that salary which covers sleep ins as well as waking hours. IN which case I understand your frustration (but I also sympathise a bit with your employer, who has had the rules changed retrospectively - where are they supposed to find the money for all these sleep ins from?)

Which is it, please? Hourly paid or salaried?

marliepanda · 11 December 2017 at 2:21PM

jobbingmusician wrote: »

Hold on though. This is the second post like this, and I'm really not sure about what is going on.

Are you saying 'I had a contract to be paid £x (let's call it £12) per hour which involved me doing sleepins, which were unpaid. My employer has now done a back calculation on these figures and said that what they were ACTUALLY doing was paying me NMW for all the hours including sleep in' ? If so, I suppose this is legal but quite frankly I doubt it, because you are not being paid your contractual pay for your waking hours.

If your contract is based on a salary (£x a year) you are in a weaker position, since you have been paid that salary which covers sleep ins as well as waking hours. IN which case I understand your frustration (but I also sympathise a bit with your employer, who has had the rules changed retrospectively - where are they supposed to find the money for all these sleep ins from?)

Which is it, please? Hourly paid or salaried?

The law is that sleep ins cannot mean that an employee is being paid below minimum wage, as previous flat rates of say £30 for 8 hours sleep isnt Minimum wage.

It doesnt take into account your contracted wage and hours

jobbingmusician · 11 December 2017 at 2:28PM

Yes, I completely understand that. It doesn't relate in any way to my post though. Your second sentence doesn't relate to the OP's post, as clearly her back pay arrangements ARE taking into account her contracted wage.

marliepanda · 11 December 2017 at 2:48PM

jobbingmusician wrote: »

Yes, I completely understand that. It doesn't relate in any way to my post though. Your second sentence doesn't relate to the OP's post, as clearly her back pay arrangements ARE taking into account her contracted wage.

Yes. Her wage means that she is being paid minimum wage for every hour she works, regardless of how that ends up.

The law isnt 'contracted wage for daytime hours and then at least minimum for sleep overs' its 'minimum wage for any hours you work.

lincroft1710 · 11 December 2017 at 4:25PM

Dan, suggest you remove your name from your post

getmore4less · 11 December 2017 at 4:58PM

Don't NMW calculations need to be done on a pay period and not longer term?

Savvy_Sue · 12 December 2017 at 3:28AM

It's definitely not persecution because it is happening all over the sector.

If not already in a union, join now, and work with them to see if sleep-in rates can be improved for senior staff.

ampersand · 12 December 2017 at 3:44AM

As SS says, join a Union and also advise your MP.

It doesn't matter whether or not you voted for this person, or at all(though you should).
An MP represents each and every one of her or his constituents.

MPs NEED to know of any tactic, possibly widespread, of employers' illegal practice.

Sleep in confusion

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