That this House notes the recent ruling that the national minimum wage should be paid to carers for each hour of a sleep in shift during which they are required to be present, including time when the carer is asleep; supports the payment of the minimum wage for overnight shifts and the payment of back pay due, but recognises serious concerns about the ability of providers such as Mencap to pay up to six years’ back pay to staff, which it is estimated will result in costs of up to £400 million for the learning disabilities sector at a time when providers are already experiencing acute financial pressures; shares the concerns of charities and other providers which are threatened with insolvency as a result of large retrospective payments to staff; is alarmed at the disastrous impact that this would have on the availability of care and support for some of the most vulnerable people in society, including those with learning disabilities; further notes that providers have been faced with conflicting advice from HM Revenue and Customs and the Department for Business, Energy and Industrial Strategy in respect of their liability to pay the minimum wage for sleep-in shifts; and calls on the Government to take urgent action by providing the necessary funding to cover back payments and higher wage costs for sleep-in shifts.

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