Sleepover duties frequently asked questions
Why did union pursue the case?
This has been a burning issue amongst our members for a long time. The union did a number of information meetings in March this year, when we met with members working in the area to establish if they wanted us to pursue this and the overwhelming response was that they felt we should pursue the issue of the number of sleepovers, the lack of breaks, the lack of breaks between shifts and the rate they were being paid for the sleepover.
The union felt that the best way to address these issues was to pursue a case through the industrial relations machinery and under the Industrial Relations Act and it was on that basis that the Labour Court has issued its Recommendation.
Will it reduce our pay?
There is nothing in the Labour Court Recommendation that will have an impact on core pay. The rate for the sleepover is being increased from €5.35 an hour to €8.65 an hour and there is no impact on basic pay.
Will it affect TOIL/Payment received if disturbed?
There is no change to the existing arrangements in relation to TOIL or payment received if disturbed during the sleepover payment.
Is it part of our 39 hours?
No. The Labour Court sleepover payment is in respect of sleepovers carried out on or over your 39 hours and it has no impact on the rate of pay for your 39 hours.
Is there retrospection?
The union had submitted in its submission to the Labour Court that there should be retrospection and there should be compensation. However, the Court found against us on both these issues. In relation to the increased rate for sleepover the Court has awarded that from the 18th September 2014.
What is the impact on part timers?
The Labour Court recommendation has no impact on the core hours of part timers. However, part timers can only be obliged to carry out one sleepover per week but can voluntarily carry out a number of sleepovers once they do not breach the average of 48 hours per week.
Who is covered by the Labour Court Recommendation?
The agencies covered by the agreement are the HSE, the TUSLA Children and Family and the Intellectual Disability sector, Section 38 agencies and Section 39 funded bodies.
There are other areas where sleepovers apply and we will be advising branches that they should now lodge a claim to have the rates there increased to match the rate set out in the Labour Court in areas such as addition services, homeless refugees and other such services.
What does this mean for the current sleepover rate?
The current sleepover rate works out at €5.35 an hour and the Labour Court has now increased that to €8.65 per hour.
What are the next steps?
IMPACT have now written to the Labour Relations Commission seeking that they would call the unions and the employers back in to discuss the implementation of the Labour Court recommendation.
In the first instance the unions would be seeking implementation of the new pay arrangements and we will then, as requested by the Labour Court, engage with the employers in terms of coming up with a plan within the next 9 months as to how full compliance in terms 48 hours, the breaks and the gaps between rosters can be achieved.