Backdating – Council Tax Support - Pension Age – no change There is no change.Claimants who have attained the qualifying age for state pension credit will retain the three months automatic backdating (not actually backdating).Background In Focus Care Agency v Roberts 2016, the EAT had to consider whether a worker on sleep-in duties was entitled to be paid the national minimum wage only for those times he/she was awake and carrying out duties or for the whole of the sleep-in period.The EAT held that in this case where a care worker who was required to sleep in (because they were supporting vulnerable adults, and needed to keep an ear out and deal with incidents that might occur their sleep) was to be counted as work. Implications HMRC can take enforcement action following receipt of an online form completed by the worker, which can be found on the HMRC website at Pay and work rights complaints.Backdating - Housing Benefit - Pension Age claimants - no change Persons who have attained the qualifying age for state pension credit will retain the three months automatic backdating (not actually backdating).No changes to Good cause The good cause provisions have not changed.
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Alternatively, workers may bring a claim for arrears of sleep-in pay themselves either as an unlawful deductions from wages claim in the Employment Tribunals; or as a breach of contract claim, in the civil courts.
There are advantages and disadvantages in bringing both types of claim.
This means that workers may be able to bring a claim for full pay for an entire sleep-in period backdated to 6 years.
A worker has the right to bring a breach of contract claim in the civil courts for unpaid salary for up to six years after the last breach.