#SolveSleepIns campaign to secure the future of overnight support

The sleep in issue is a topic VODG has been campaigning on since 2014. We have been in dialogue with the government for many years to find a solution. Following the Royal Mencap Society v Tomlinson-Blake Court of Appeal judgement the focus of the long-running solve sleep ins campaign has shifted. There is a significant, and unresolved, threat to the sustainability of services because The latest official guidance on national minimum wage (NMW) sets out that time spent asleep does not attract the minimum wage. But the publication does not go far enough because a further court judgement may again change the guidance. Government is explicit in recognises that changes to case law will lead to further revisions to guidance.

An appeal has been lodged with the Supreme Court over sleep in payments which is set to continue the uncertainty for employers and workers alike in the years ahead. The uncertain will disrupt investment in services and also puts a strain on employer and employee relations.

We are calling on government to introduce a statutory instrument to legislate once and for all so that all parties are clear on what the rate of pay should be for sleep in shifts. Without this clarity then local commissioners and the provider ‘market’ will react in an ad hoc and un-coordinated ways and this situation could lead to irretrievable developments.

We are committed to ensuring that:

  • the future of essential overnight services for people who rely on them are secured – with a sustainable market and the right workforce to support people at night
  • the ongoing disruption and distraction on this issue ceases – through clear government action
  • commissioners, providers and the workforce are clear on the future provision, and costs, for sleep in support.