Sleepover impasse goes to court
by Bernard Harbor
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The Labour Court is to rule on the issue of so-called ‘sleepovers,’ worked by staff in residential care facilities, after Labour Relations Commission-brokered talks confirmed a huge gulf between IMPACT and management.
IMPACT says excessive sleepover demands on residential care staff – who work with children, homeless people and people with disabilities – put the HSE and the other voluntary employers in breach of Irish and EU working time legislation. Many staff are expected to work 63-hour weeks, while payment for hours worked on so-called ‘sleepovers’ is below the national minimum wage rate.
The union wants sleepovers limited to one a week on average. If possible, it says this should be worked as part of the 39 hours set out in residential care workers’ contracts. IMPACT is also arguing that any work beyond 39 hours, including sleepovers, should be paid as overtime. It says it’s usual for staff to be actively working to provide care during some or all of the ‘sleepover’ period.
But IMPACT and management could not agree on the correct interpretation of relevant European Court of Justice decisions. They also disagree on whether there is a contractual obligation for staff to do sleepovers outside of their contracted hours, and on the rate of pay which sleepovers should attract. The final issue of difference is over compliance with the EU working time directive.
Earlier this year IMPACT lodged a complaint with the European Court of Justice. The union has also held information meetings around the country.
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