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Sleep in shift not part of contracted hours?

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  • JReacher1
    JReacher1 Posts: 4,661 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    scd3scd4 wrote: »
    £33 for 16 hours is nothing in my book.............

    £33 for sleeping is not that bad. I unfortunately didn't get paid anything last night for my 8 hours sleep :-(

    At the end of the day it is perfectly legal what the employer is doing.

    The OP has no legal recourse so if they can't handle it then they need to look for alternative employment.
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    JReacher1 wrote: »
    £33 for sleeping is not that bad

    However it's not for sleeping, it's for being away from family, unable to socialise and be present in the workplace available for work as and when required. I'd be pushing back.

    Op, you and the other staff get organised and join a union.
    Don’t be a can’t, be a can.
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    edited 28 August 2018 at 10:19AM
    ohreally wrote: »
    However it's not for sleeping, it's for being away from family, unable to socialise and be present in the workplace available for work as and when required. I'd be pushing back.

    Op, you and the other staff get organised and join a union.

    Its £33 per sleep in of 8 hours, not for 16 hours.

    As for push back, you do realise this has been through the courts already? And has recently been overturned after the car companies appealed the decision. It has been discussed.

    Care companies simply do not have the money to pay NMW for each working hour, they do not have the money to pay people to sleep, and in the vast majority of cases it is sleep. Those people who require round the clock physical care (people who need watching for breathing etc) are not cared for in this situation.

    If people are being paid NMW during the evening then they shouldnt be allowed to sleep, they should do paperwork, or clean the house, or whatever. The £33 is compensation for not being able to see their family that evening, whilst also accepting that it is not 'work'

    The few carers I know really appreciated the extra £60 a week they got from sleeping at work. When it was briefly stopped they were suddenly around £280 down a month.
  • scd3scd4
    scd3scd4 Posts: 1,180 Forumite
    1,000 Posts Third Anniversary
    ohreally wrote: »
    However it's not for sleeping, it's for being away from family, unable to socialise and be present in the workplace available for work as and when required. I'd be pushing back.

    Op, you and the other staff get organised and join a union.


    Some of us get it and some don't.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    Lexi4237 wrote: »
    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.
    Back to the point.

    No sleep ins is not a reasonable adjustment - asking for that is saying that you are incapable of doing the job and therefore grounds to dismiss you. If you don't want the job, resign rather than be dismissed on capability grounds, because that can be put in a reference. Or work your hours until you find another job.

    Sleep in are very common in this line of work, and if your aren't able to manage them, then perhaps you will need to reconsider your employment options.
  • scd3scd4
    scd3scd4 Posts: 1,180 Forumite
    1,000 Posts Third Anniversary
    edited 28 August 2018 at 11:16AM
    JReacher1 wrote: »
    £33 for sleeping is not that bad. I unfortunately didn't get paid anything last night for my 8 hours sleep :-(

    At the end of the day it is perfectly legal what the employer is doing.

    The OP has no legal recourse so if they can't handle it then they need to look for alternative employment.


    Its already been explained its more than just sleeping. You did not get paid because you had no responsibility.


    Its up to the OP to decide what they will do. Legal or not.


    Lexi..........its sounds as if this job is never going to agree with you and I can understand why. I would be telling my wife to call it a day. But then peoples situations are different.
  • Undervalued
    Undervalued Posts: 9,549 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    scd3scd4 wrote: »
    Its already been explained its more than just sleeping. You did not get paid because you had no responsibility.


    Its up to the OP to decide what they will do. Legal or not.


    Lexi..........its sounds as if this job is never going to agree with you and I can understand why. I would be telling my wife to call it a day. But then peoples situations are different.

    I thought we were well past the age of "telling your wife what to do"!

    Perhaps you meant you would offer your opinion then let her decide?
  • scd3scd4
    scd3scd4 Posts: 1,180 Forumite
    1,000 Posts Third Anniversary
    edited 28 August 2018 at 11:45AM
    I thought we were well past the age of "telling your wife what to do"!

    Perhaps you meant you would offer your opinion then let her decide?


    Who's we?


    Not if she felt like Lexi..........I would rather do extra shifts. You read it right the first time.
  • This is why when I worked in care for several years I worked in a residential centre where every resident had their own rooms and access to facilities.

    I worked days and then went onto nights.

    I hear too many stories from care staff that do baaically door to door care.
  • I am just alarmed that people think that sacking a member of staff with disabilities is the way to go.
    And that reasonable adjustments wont be considered.
    I worked perfectly fine for 3 mths until they changed my 36 hour day shifts to two lots of sleep ins a week plus the 36 ontop.
    The night shifts i am kept awake as i have several people in a house with learning difficuties who struggle to settle to sleep at night.

    Then i am on a day shift the next day.
    So a 17hour shift with no sleep and the another 7 hour shift.
    So not really just a sleep.
    They said they will pay me for the hours i was awake.
    But i am more concerned that the sleep in shifts are not sleep in shifts as i'm kept awake... plus i could end up with more sleep in shifts ontop of my 36 hours.
    No where in my contract does it state these sleep ins arnt my contracted hours.
    Personally i would be alarmed if i work for a company with disabilities sacked me for having one.
    As they have some staff members already that dont work night shifts.
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