A New Year’s resolution? Let’s stop paying less than the minimum wage to those who care for the elderly and vulnerable

Let’s make 2012 the year when every care worker gets what they are legally entitled to.

A friend who is a care worker employed by an agency has a moan to me about her work. Repeated 15 minute slots with a client followed by a frantic dash to another part of the city she lives in to do the same again. Care in a hurry, on the cheap. Welcome to home care for growing numbers in Britain: some of our most vulnerable people cared for by a growing number of overly stretched and underpaid workers.

Her first concern is about the always rushed, and often inadequate, care this way of working results in. But, to my initial surprise, she also expresses anger about not getting paid for the travel time that necessarily eats up a large chunk of her working day. She typically makes 40 journeys between clients a week, sometimes 50 (not counting her journey to and from work). “Surely”, I say, “you must get paid for this travel time, or else I don’t see how you would be getting paid the minimum wage”. Indeed.

It’s well known that social care is a notoriously low-paying sector, with the Low Pay Commission (LPC) estimating that one in four workers get paid below £6.50 an hour. Far less well known is that many of these workers get paid less than the national minimum wage. A new and authoritative report by Dr Hussein of Kings College London  now reveals that, even under extremely conservative assumptions, there are at the very least 150,000 care workers getting paid less than the legal minimum – and quite probably far more.

How is it that the law of the land is being so widely flouted? My friend’s pay slip sheds some light, exposing the chaotic system of pay that is the norm for many care workers, especially those working for agencies or private firms: constantly shifting hourly rates of pay - varying dramatically by client, length of each care visit, time of day, and day of the week.  The opacity of pay rates makes it hard for those affected to fathom if they are getting their legal minimum; indeed the LPC has suggested that some employers don’t themselves understand their own pay systems. A closer examination, together with records kept by my friend of her travel time over a period of a month, suggests there are weeks where she has clearly been paid significantly less than the minimum wage (though there are others where this is not the case).  And the real story is worse than the pay slip suggests. She had to pay for her CRB check. There are no travel expenses even though travel is essential (‘I couldn’t afford to work if I didn’t cycle’).  Regular mobile phone use is essential to stay in close touch with the office – again, no expenses are paid.  It just doesn’t pay to care.

In theory the legal position governing the minimum wage is clear: workers should be paid for time spent travelling between clients (apart from between home and their place of work). Less clear is who in government or anywhere else is taking the lead for sorting this out and ensuring that the law is enforced.  Awareness of this issue remains very low, this Panorama being an exception, and care workers are not anyone’s political priority (can you  imagine a Cabinet member, or for that matter the media, making a fuss about this issue as they did about graduate interns?).

All those responsible for this saga claim they have an alibi – which is cold comfort to those being under-paid.  The LPC has repeatedly flagged up these sorts of working practices as a concern – though it has never taken it upon itself to make specific recommendations to government about non-compliance which in turn would require Whitehall to make a formal response.  HMRC, which is responsible for enforcing the minimum wage, says that it takes any allegation of non-compliance very seriously. But it is yet to prioritise this issue as an area for its ‘Dynamic Response Team’  (lagging response times suggest that it could be, err, a bit more dynamic; though this is in part due to inadequate resourcing). The problems of the care sector currently fall behind unpaid internships in the queue for HMRC attention; though it is said that the care sector will receive priority at some point in 2012. For their part, local councils argue with some justification that they aren’t receiving enough funds to cover the full cost of social care. And the Department of Health, who are ultimately responsible for social care in England, concede that Dr Hussein’s report is a ‘cause for concern’ but maintain that pay is a matter for local employers so it’s not really a question for them. All the while, the law on the minimum wage continues to be flouted.

There are lots of injustices in Britain that are so entrenched and complex that they would take a generation to turn around. This isn’t one of them. The minimum wage is supposed to be a right, not a nice to have. So here’s a resolution that we should stick to: let’s make 2012 the year when every care worker gets what they are legally entitled to.

PETER MACDIARMID/REX
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Ken Clarke: Theresa May has “no idea” what to do about Brexit

According to the former Chancellor, “nobody in the government has the first idea of what they’re going to do next”.

Has Ken Clarke lost the greatest political battle of his career? He doesn’t think so. With his shoes off, he pads around his Westminster office in a striped shirt, bottle-green cords and spotty socks. Parliament’s most persistent Europhile seems relaxed. He laughs at the pervasive phrase that has issued from Downing Street since Theresa May became Prime Minister: “Brexit means Brexit.”

“A very simple phrase, but it didn’t mean anything,” he says. His blue eyes, still boyish at 76, twinkle. “It’s a brilliant reply! I thought it was rather witty. It took a day or two before people realised it didn’t actually answer the question.”

A former chancellor of the Exchequer, Clarke has served in three Conservative cabinets. His support for the European Union is well known. He has represented the seat of Rushcliffe in Nottinghamshire for 46 years, and his commitment to the European project has never wavered over the decades. It has survived every Tory civil war and even his three failed attempts to be elected Tory leader, standing on a pro-Europe platform, in 1997, 2001 and 2005.

“My political career looks as though it will coincide with Britain’s membership of the EU,” Clarke says, lowering himself into an armchair that overlooks the Thames. There are model cars perched along the windowsill – a hint of his love of motor racing.

Clarke won’t be based here, in this poky rooftop room in Portcullis House, Westminster, much longer. He has decided to step down at the next election, when he will be nearly 80. “I began by campaigning [in the 1960s] in support of Harold Macmillan’s application to enter [the EU], and I shall retire at the next election, when Britain will be on the point of leaving,” he says grimly.

Clarke supports Theresa May, having worked with her in cabinet for four years. But his allegiance was somewhat undermined when he was recorded describing her as a “bloody difficult woman” during this year’s leadership contest. He is openly critical of her regime, dismissing it as a “government with no policies”.

For a senior politician with a big reputation, Clarke is light-hearted in person – his face is usually scrunched up in merriment beneath his floppy hair. A number of times during our discussion, he says that he is trying to avoid getting “into trouble”. A painting of a stern Churchill and multiple illustrations of Gladstone look down at him from his walls as he proceeds to do just that.

“Nobody in the government has the first idea of what they’re going to do next on the Brexit front,” he says. He has a warning for his former cabinet colleagues: “Serious uncertainty in your trading and political relationships with the rest of the world is dangerous if you allow it to persist.”

Clarke has seen some of the Tories’ bitterest feuds of the past at first hand, and he is concerned about party unity again. “Whatever is negotiated will be denounced by the ultra-Eurosceptics as a betrayal,” he says. “Theresa May has had the misfortune of taking over at the most impossible time. She faces an appalling problem of trying to get these ‘Three Brexiteers’ [Boris Johnson, David Davis and Liam Fox] to agree with each other, and putting together a coherent policy which a united cabinet can present to a waiting Parliament and public. Because nobody has the foggiest notion of what they want us to do.”

Clarke reserves his fiercest anger for these high-profile Brexiteers, lamenting: “People like Johnson and [Michael] Gove gave respectability to [Nigel] Farage’s arguments that immigration was somehow a great peril caused by the EU.”

During the referendum campaign, Clarke made headlines by describing Boris Johnson as “a nicer version of Donald Trump”, but today he seems more concerned about David Cameron. He has harsh words for his friend the former prime minister, calling the pledge to hold the referendum “a catastrophic decision”. “He will go down in history as the man who made the mistake of taking us out of the European Union, by mistake,” he says.

Clarke left the government in Cameron’s 2014 cabinet reshuffle – which came to be known as a “purge” of liberal Conservatives – and swapped his role as a minister without portfolio for life on the back benches. From there, he says, he will vote against the result of the referendum, which he dismisses as a “bizarre protest vote”.

“The idea that I’m suddenly going to change my lifelong opinions about the national interest and regard myself as instructed to vote in parliament on the basis of an opinion poll is laughable,” he growls. “My constituents voted Remain. I trust nobody will seriously suggest that I should vote in favour of leaving the European Union. I think it’s going to do serious damage.”

But No 10 has hinted that MPs won’t be given a say. “I do think parliament sooner or later is going to have to debate this,” Clarke insists. “In the normal way, holding the government to account for any policy the government produces . . . The idea that parliament’s going to have no say in this, and it’s all to be left to ministers, I would regard as appalling.”

Clarke has been characterised as a Tory “wet” since his days as one of the more liberal members of Margaret Thatcher’s government. It is thought that the former prime minister had a soft spot for his robust manner but viewed his left-wing leanings and pro-European passion with suspicion. He is one of parliament’s most enduring One-Nation Conservatives. Yet, with the Brexit vote, it feels as though his centrist strand of Tory politics is disappearing.

“I don’t think that’s extinct,” Clarke says. “The Conservative Party is certainly not doomed to go to the right.”

He does, however, see the rise of populism in the West as a warning. “I don’t want us to go lurching to the right,” he says. “There is a tendency for traditional parties to polarise, and for the right-wing one to go ever more to the right, and the left-wing one to go ever more to the left . . . It would be a catastrophe if that were to happen.”

Clarke’s dream of keeping the UK in Europe may be over, but he won’t be quiet while he feels that his party’s future is under threat. “Don’t get me into too much trouble,” he pleads, widening his eyes in a show of innocence, as he returns to his desk to finish his work. 

Anoosh Chakelian is deputy web editor at the New Statesman.

This article first appeared in the 29 September 2016 issue of the New Statesman, May’s new Tories