Sleep-ins and hourly pay rates – Here’s what you need to know

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Sleep-ins and hourly pay rates – Here’s what you need to know

ENS want to ensure that in addition to helping you meet your staffing needs we’re always adding value by keeping you up to date with developments in care.

As you’ve most likely seen in recent media coverage, one of the biggest current threats to care providers is the move from paying workers a sleep-in rate to an hourly rate. Below is a brief summary of what this could mean for you.

Although the law hasn’t changed since 2000, following a number of recent EAT case law judgements HMRC inspectors have taken a stronger stance against care providers and have now been warning that full hourly rates should be paid for sleeps-ins. Meaning:

“A worker who is required to be on the premises and who would be disciplined if they left the workplace will be deemed to be working the whole of their overnight shift even if they are sleeping during some, or all of this time. This means that they are entitled to be paid the NMW (which can be the National Living Wage) for every hour that they are working. This legal line is set out in the BEIS guidance”

Trowers & Hamlins (17^th April 2017). Sleep-ins and Minimum Wage: where we are? – April 2017. Retrieved from http://bit.ly/2rT7UOb

ENS Sleep-in Rates

We took the decision at the end of 2015 to increase our nightly rates in order to be able to pay all workers on sleep-ins the NNW/NLW. We know this has implications on your temporary staffing costs and budgets but as a fully compliant agency we felt this was the best way forward to minimise risk.

For a more in-depth overview of the cases which have been making the news and what implications this has on care providers going forward, read the full Trowers & Hamlins article here. https://sites-trowers.vuturevx.com/82/1658/compose-email/17-04-26—lon—ad-hoc-legal-update—sleep-ins-and-minimum-wage—vodg.asp

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ENS has been our sole agency provider for the past 8 years. During this time we have worked in partnership to establish an agency service that provides us with the assurance that ENS staff are flexible, highly trained and able to adapt to our working environment across all of our diverse services.
ENS has been able to support our services to a very high standard throughout our geographical locations. Key Performance Indicators often exceed agreed outcomes.
Our relationship with their senior team and operational supervisors is professional and open. We are assured that our long standing working relationship with ENS will continue.
To this end we would not hesitate to recommend ENS as an agency provider to support their organisation.

Director of Human Resources and Training – large Housing and Support charity based in London

We needed to fill two last minute vacancies with high quality teachers. With this brief, Julie from ENS did not disappoint. One candidate was from Canada and Julie ensured that the move over went as smoothly as possible both for the teacher and the school.
What impressed me the most was how Julie listened to exactly what I required and so no time was wasted on my part, sifting through candidates who would not have been good enough for my school. I would highly recommend ENS to another school looking to fill their teacher vacancies.

Darren, Drapers Academy in Harold Hill

My daughter Lynda has enjoyed 24 hour care provided by ENS since July 2013. The care staff are all well trained & briefed as to her complex healthcare regime & are also very sociable. This is very important to Lynda who loves to talk &interact with them. They also manage her household budget, encourage her to participate in domestic tasks within her capabilities, & promote a healthy lifestyle. The administration of ENS is excellent & has ensured that Lynda has a regular rota of carers & that when stand ins are necessary that they have had shadow shifts with her.

I would like to take this opportunity to thank you for the hard work and support you have offered our Foyer and Parent and Child Scheme in managing the placement of temporary staff.
We appreciate the level of consistency and continuity your staff have bought to the schemes and would not hesitate in recommending the services of ENS Recruitment.

Foyer Manager – Large Housing Association based in Southeast England