Sleep in shift not part of contracted hours?

Lexi4237

I have been working for a company since may.
And in july they started adding sleep in shifts to my work.
Adding up to 17 hour shifts.
I have 2 sleep in shifts a week now which i didnt have before.
I was rung yesterday to tell me i am not reaching my contracted hours of 36 hours.
And have to work more.
They now tell me that 16 hours a week i am doing does not count as my contracted hours and are pushing me to work another 16 hours ontop of what i am working
So a 52 hour week
They are saying that they will pay me £33 for a sleep in.
For 16 hours work.

Can they do this?
As my contract does not state that sleep ins.does not count as contracted hours.. so i am quite shocked.

I have asked them to take me off sleep ins and put me on 36 hour day shifts instead and so far are ignoring me.
Any advice?

marliepanda

What wage are you on? The sleep ins cannot take you to below minimum wage (unless that court case is still going on)!

Okay scratch that it’s been ruled out in court. They only have to pay your minimum wage whilst awake, so if your patient wakes up and requires care. You don’t need to be paid minimum wage for it, and it doesn’t count as working hours, it’s a bit like being on call. Being on call doesn’t count towards working hours it’s a little bit on top.

I will warn you that they can simply terminate your employment if you refuse to do any sleep ins at all. You have no protection

Lexi4237

I have a disability which i put on the form for health questionaire.
The excessive hours is affecting my health as i have completed 4 sleep ins 3 of those i was kept awake and still expected to carry on working the next day on a 7 hours shift.
So a 17 hour shift with no sleep is playing havoc.
I am going to request reasonable adjustment not to do sleep ins as it making me ill for one plus the hours are too long as they are still expecting me to work 52 hours a week on barely any sleep.
I can't believe the sleep ins are not classed as contracted hours.
For 2 months of completing normal hours i was fine. But increasing my hours over my contracted hours and working hours without sleep is petty awful.

elsien

It is normal practice in care work for sleep ins not to be counted in the contracted hours. You will find that in pretty much every place - wherenight staff are regularly needed then waking night staff should be employed instead.
If they need someone to regularly do two sleep ins a week and you are
not able to do that, then expect your employment may be terminated. Reasonable adjustments only go so far if there is a good business case otherwise.
Was this not covered at interview?

What was the reason you were kept awake - new environment or having to get up to help someone?

Having said that, what is the company policy about the follow on shift if you are up and working during the night? What do they do when you say you are too tired to continue to work safely? You did tell them that when it happened?

scd3scd4

What a mad world. Where people think this is reasonable.




I don't work in this industry but we will be paid a 7 or 9 hours pay just for a call out plus over time rate of x1.5, x2, x3.

scd3scd4

Just out of interest..............if you are sleeping but need to wake up to help someone are you then paid?

JReacher1

Is it really a 52 hour week when you are asleep for 16 hours of it?

If work send me on a business trip should the hours I am asleep in the hotel be classed as hours of my working week?

scd3scd4

JReacher1 wrote: »

Is it really a 52 hour week when you are asleep for 16 hours of it?

If work send me on a business trip should the hours I am asleep in the hotel be classed as hours of my working week?

Maybe if you have to get up and help some old person get back in bed or use the toilet.


If my company ask me to stay on site and sleep in case they need me on the plant.............is that ok for nothing?

elsien

scd3scd4 wrote: »

Just out of interest..............if you are sleeping but need to wake up to help someone are you then paid?

People aren't sleeping in for nothing - there is a flat rate per night. When I was doing them several years ago it was about £25.

Otherwise It usually depends on how long you have to be up for. In my organisation you were paid time and a third if up longer than an hour. If less than an hour, then no.

But I was very rarely disturbed at night. Some places have sleepins where there really should be waking nights but this is a funding issue - you can only provide what the local authority will pay for.
It is tiring though - you don't sleep as well because it's not your own bed, you have the sound of other people getting up to use the toilet, and don't sleep as deeply because of listening out and/or the lights on the various alarms.

I have sympathy for the OP but they need to be realistic and consider whether they may be better off in a setting that doesn't do sleep ins. I wouldn't have employed anyone who couldn't do them because they're a !!!!!! to cover.

JReacher1

scd3scd4 wrote: »

Maybe if you have to get up and help some old person get back in bed or use the toilet.


If my company ask me to stay on site and sleep in case they need me on the plant.............is that ok for nothing?

I suggest you read the OP again. It is not for nothing......

scd3scd4

JReacher1 wrote: »

I suggest you read the OP again. It is not for nothing......

£33 for 16 hours is nothing in my book.............