Article written by

Tom Draper

Tom is knowledgeable and experienced at helping employees through legal problems with their employment. He listens sympathetically to his clients and advises them on the best and most cost efficient way of achieving their aims. For more information on this topic email Tom.Draper@tayloremmet.co.uk or call him on 0114 218 4311.

21 Responses

  1. William
    William at | | Reply

    Hi I think flat rate payment should cease immediately. If u are a professional it is hard to switch off when in care of someone so during the night is no different. I am a care worker very unfair

  2. Dawn parkes
    Dawn parkes at | | Reply

    I am a support worker working in supposedly supported living I have been made to work 15hr days plus sleep in then a morning shift besides working 10 days in a row before I have my days off . I got paid a measly £26.50 for these sleep ins and in the end because I couldn’t sleep it led to me having ill health and nearly a break down

    1. linda nash
      linda nash at | | Reply

      I am a support worker and do sleepovers also £27.86 per sleepover. My company had to back pay us from April 2015. Our hourly rate for normal hours is £7.80 and then the flat rate of £27.86 is paid between 11pm and 7am. They worked out our back pay by taking our gross pay per month..adding our contracted hours + any overtime + sleepover hours ( e.g. 7 sleepovers would = 56 hours)….totalled up all the hours and then divided it into our gross pay…if the rate was over the national minimum wage then we did not get any top up ….some people got back pays of over £500 and some got nearly £200……I have one of the biggest contracted hours and I got £1.52 ??? When I queried it they decided they had made a mistake and INFACT I should have received £24.66 !!!!! Some of the work force got NOTHING at all. I got a an e mail sent to me showing me how they worked out my back pay as I ask for an explanation and basically some people said it is really so very wrong.
      Anyone else like to comment on how back pay should be worked out ??

  3. Lynne hamer
    Lynne hamer at | | Reply

    I am now being paid the new allowance for sleep one. But am I entitled to back pay?

  4. Gloria
    Gloria at | | Reply

    I work for a multimillion company who pay £25.75 per sleep in. I think we should all strike like the nurses and junior doctors ??? this would be the only way to make these so called ‘Care companies’ to sit up and listen and pay a decent hourly rate. Most of us carers I never really liked Unions and the disruption they caused, but I have totally changed my mind!! I am a member of Unison and I would urge you passionate carers like me to join. I love my job and have been with the same company for twenty years,,, not because of the terms and conditions of my contract, but because I care.

  5. John MCgINN
    John MCgINN at | | Reply

    i work on a 40 hour weekly contract at £7.40 per hour which consists of 10am-10pm with a sleepover from 10pm -8am which is paid at the flat rate of £26.50 then work from 8am -10am then i go home returning possibly thr next day. my payment for each shift is £130.10 which over the 24 hour period works out at £5.42 well below the NMW.
    Something need to be in place to stop companies paying the amount for a 24 hour shift.

  6. Lynn Adamson
    Lynn Adamson at | | Reply

    I have just read ur email back pay was just given last wk to some support workers not all again it was explained that we add up all hour worked counting sleep hours multiply but NLW but I get a higher rate than living wage so why is my hourly rate considered and not just sleep hours ? It doesnt make sense as your ment to benefit from this legislation but im not seeing it !!

  7. shaun
    shaun at | | Reply

    I work in a semi secure unit, and do sleeps, initially for agency, not only 30p over the pathetic living wage!!!! mmm but 25 pounds per sleep paid by agency, the company pay own staff 40 pounds per sleep so why are these agencies not paying as per the legislation change. what were paid is a joke, and the agency make as much as we do from us. I was on £11.30 6 years ago, support work with homeless teens, now working with Psychiatric patients I get a pathetic 7.50 I wanted to work for myself as a therapist, well that just cost me thousands of pounds,

  8. Dawn
    Dawn at | | Reply

    I’m confused with the changes – I work 39hours per week (waken hours) and now cover within the hours 2 sleepovers from 10.30 to 7.30 (9hrs) so basic I work 39hrs + 18hrs = 57hrs per week
    What I don’t understand is how they work out my wages now – I earn a hourly rate of £8.70 for my 39hrs then I was paid a allowance of £35 per sleepover – now people are saying about minimum wage of £7.20 – and employees can take all your hours worked and sleepover – and as long as they don’t fall below the minimum wage – this is okay ? is this correct?

  9. Maria
    Maria at | | Reply

    I’m a support worker and since the nmw has been introduced for sleepovers I’m worse off as my contacted pay is above nmw and my working hours have been averaged out to cover the increase. Sleepovers are hard enough without this. I have been discriminated against because I do sleepovers and earn less an hour than my colleagues who don’t do sleepovers. This can’t be right surely.

  10. Irene
    Irene at | | Reply

    Im a support worker doing 40 hrs a week at 7.35 ph and sleep over allowance is 25 pound a sleep , we have still not been getting the hourly night rate, countless emails to payroll, managers area manager, HR staff , still getting fobbed off with excuses that its down to local authority to pay it

  11. diane ohara
    diane ohara at | | Reply

    started work support worker doing 4 sleepovers a week most times is this right as my own health is suffering

  12. Jan
    Jan at | | Reply

    IN MY RESIDENTIAL HOME WE WORK LATE SLEEP EARLIES GET MINIMUM WAGE FOR THE SLEEP WE GET 20 PONDS WE ARE AT THE WORK FOR OVER 24HOURS

  13. Elaine McGuinness
    Elaine McGuinness at | | Reply

    Company I work for have been paying nmw for skeep overs for past year. I don’t understand how other companies are getying away with not paying this I believe it’s law so therfore they are breaking it

  14. Lee Cooper
    Lee Cooper at | | Reply

    hi I’m a support worker doing on average 10 sleep ins per month I’m seeing other companies increasing there sleep in wages but ours seems to be holding out will I be entitled to back pay or even a fare wage as managers seem to have no information to give us and a number of staff are becoming concerned

  15. Phillips
    Phillips at | | Reply

    As a support worker for a very large company,my hourly rate for a 37hour contact is just over £8.00, an hour as my contract states,also on my wage slip.
    However this month the company paid the NMW for sleep ins,this means I am being paid less than my contract hourly rate…………is this right………..Is there anything I can do,use the small claims court.
    Sadly a very angry,and dissatisfied support worker.

  16. Jenny
    Jenny at | | Reply

    I work in a children’s home and have to do sleepover duties the children have door alarms and we have to get up to tend to them even if they are just using the bathroom. I am on 8.30 per hour and 26.50 per sleep in duty (11pm-7am) every now and again I will get a little extra in my wage that says NW yet all the staff who are on the minimum wage have larger NW payments more often than not putting them on more monies per shift than what I get. I have a feeling the company is taking money from my hourly rate to make up for the minimum wage payment through the night. I find this hard as I have worked for g his company for 12 years and new starters are on more money than me. I have tried to discuss this in my supervisions to no avail I’m still none the wiser. Any information would be helpful.

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