Some charities ‘flout law’ on national minimum wage
22nd April 2010
A number of charities are believed to be flouting the law by not
paying the national minimum wage (NMW) when staff ‘sleep-over’,
Unite, the largest union in the country, has said.
Unite, which has 60,000 members in the not for profit sector,
said many members are required to work shifts which incorporate a
residential element, often known as ‘sleep-ins’.
If, during sleep-in time, a member is working or at the
employer’s disposal, i.e. available to work should an emergency
occur or work has to be carried out, this will constitute working
time for the purposes of the Working Time Regulations 1998.
Rachael Maskell, national officer, not for profit sector, said:
”Some employers continue to ignore this, despite the case law that
clearly sets out the position.
”Members who are working such shifts are entitled to receive the
NMW, currently £5.80 an hour – if the employer is not paying the
NMW a claim for unlawful deduction of wages can be brought.”
She gave an example of a Scottish mental health charity which
paid an allowance for sleeping over, but if staff had to wake-up
and deal with residents, they were not paid, but offered time off
in lieu instead.
”This is clearly unacceptable and flouting the law.” Continued
Rachel, “We believe that a number of the more than 170,000 UK
charities are copying the poor practices of this Glasgow-based
mental health charity.”
Unite is also concerned about the amount of rest breaks its
members are entitled to – a worker has to have 11 consecutive hours
rest in every 24 hours.
To alert its members, the union has published a briefing this
month (April, 2010) on residential work and urged abuses to be
reported to Unite’s regional officers.
ENDS
Notes to news editors:
Download the
briefing.
For further information, please ring: Rachael Maskell 020 7420
8979 or 07768 693933 or Shaun Noble, communications officer (third
sector) 020 7420 8951 07768 693 940
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