What is being reported as possibly the largest ever National Minimum Wage claim has been made by care workers at Sevacare an employer in the care industry who pride themselves in saying “We are led by quality, not profit. What sets us apart from other care providers is the investment in our people. We employ the best in the industry: those who have the technical and professional ability, as well as a firm belief in our organisational values. We ensure this by a considerable investment in training and professional development”.
Seventeen care workers claim to have been paid less than half the minimum wage by their employer with some staff allegedly being paid less than half the National Minimum Wage.
The company denies these allegations stating that they actually pay in excess of the minimum wage.
The claim will now have to be determined by an Employment Tribunal (ET).
It would appear that the claim revolves, in part at least, around whether care workers who “live in” should be paid for the hours that the company deems them to be off-duty.
There is much case law on the subject of “on call” workers and it will be interesting to see how the ET decide the outcome of this case.
