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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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Is it legal to expect care staff to attend statutory training

Resolved Question:

Is it legal to expect care staff to attend statutory training unpaid?

Is it legal to expect a carer on 24 hour shifts to sleep-in unpaid?
Submitted: 3 years ago.
Category: Employment Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

No, training is part of the role that you perform and it's part of your employment. The minimum wage (or your contract terms) cannot be ignored.

tdlawyer :

It would be difficult to say that somebody is actually on a 24 hour shift. If somebody is "on-call" this can amount to being part of their job and therefore require payment at the minimum statutory rate at least. It depends whether, whilst "on call" you're free to do other things really, and if not, then you could be held to be entitled to your hourly rate during this period.

Customer: Thank you. So if I work for 24 hours. At present I get 3 hours off in the afternoon . The rest of the time is spent in the clients home and I only get paid for 10 hours. I get to bed at 11.30 pm and start again at 7.30 am but am on call all night. Therefore I assume that this is wrong.
tdlawyer :

Then yes, this does sound wrong to me.

tdlawyer :

There is a national helpline where you can get more information about this and make a complaint about working practices: https://www.gov.uk/pay-and-work-rights-helpline

tdlawyer and 2 other Employment Law Specialists are ready to help you

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