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.

Photo: Getty
Show Hide image

Brexit could destroy our NHS – and it would be the government's own fault

Without EU citizens, the health service will be short of 20,000 nurses in a decade.

Aneurin Bevan once said: "Illness is neither an indulgence for which people have to pay, nor an offence for which they should be penalised, but a misfortune, the cost of which should be shared by the community."

And so, in 1948, the National Health Service was established. But today, the service itself seems to be on life support and stumbling towards a final and fatal collapse.

It is no secret that for years the NHS has been neglected and underfunded by the government. But Brexit is doing the NHS no favours either.

In addition to the promise of £350m to our NHS every week, Brexit campaigners shamefully portrayed immigrants, in many ways, as as a burden. This is quite simply not the case, as statistics have shown how Britain has benefited quite significantly from mass EU migration. The NHS, again, profited from large swathes of European recruitment.

We are already suffering an overwhelming downturn in staffing applications from EU/EAA countries due to the uncertainty that Brexit is already causing. If the migration of nurses from EEA countries stopped completely, the Department of Health predicts the UK would have a shortage of 20,000 nurses by 2025/26. Some hospitals have significantly larger numbers of EU workers than others, such as Royal Brompton in London, where one in five workers is from the EU/EAA. How will this be accounted for? 

Britain’s solid pharmaceutical industry – which plays an integral part in the NHS and our everyday lives – is also at risk from Brexit.

London is the current home of the highly prized EU regulatory body, the European Medicine Agency, which was won by John Major in 1994 after the ratification of the Maastricht Treaty.

The EMA is tasked with ensuring that all medicines available on the EU market are safe, effective and of high quality. The UK’s relationship with the EMA is unquestionably vital to the functioning of the NHS.

As well as delivering 900 highly skilled jobs of its own, the EMA is associated with 1,299 QPPV’s (qualified person for pharmacovigilance). Various subcontractors, research organisations and drug companies have settled in London to be close to the regulatory process.

The government may not be able to prevent the removal of the EMA, but it is entirely in its power to retain EU medical staff. 

Yet Theresa May has failed to reassure EU citizens, with her offer to them falling short of continuation of rights. Is it any wonder that 47 per cent of highly skilled workers from the EU are considering leaving the UK in the next five years?

During the election, May failed to declare how she plans to increase the number of future homegrown nurses or how she will protect our current brilliant crop of European nurses – amounting to around 30,000 roles.

A compromise in the form of an EFTA arrangement would lessen the damage Brexit is going to cause to every single facet of our NHS. Yet the government's rhetoric going into the election was "no deal is better than a bad deal". 

Whatever is negotiated with the EU over the coming years, the NHS faces an uncertain and perilous future. The government needs to act now, before the larger inevitable disruptions of Brexit kick in, if it is to restore stability and efficiency to the health service.

0800 7318496