One of Britain’s biggest care agencies has paid out a settlement to a former employee after she sued them for refusing to reimburse her for travel time between home visits - paving the way for thousands of workers in the sector to make similar claims.
Caroline Barlow, 56, claimed she was effectively paid below the minimum wage per hour by MiHomecare because she was not compensated for attending an average of eight appointments per day at various locations in the South West of England in her own car.
Ms Barlow, a mother-of-two, said she in fact often worked 12-hour days for just seven hours’ pay because travel and overtime were not paid.
MiHomecare, which markets itself under the slogan “We care about care”, settled out of court in the employment tribunal, but could now face thousands of similar claims from current or former employees.
The landmark case could also pave the way for 500,000 care workers in the sector whose employers take the same stance to make similar claims.
Leigh Day, the law firm which represented Ms Barlow, is now asking for people who feel they may have similar complaints to contact them to discuss the possibility of class action.
In Ms Barlow's case, it argued that lack of payment for travel time constituted an unlawful deduction of wages.
Jasmine Patel, the lawyer representing Ms Barlow in this case, said in a statement: “We are very pleased to have settled this case. Ms Barlow’s travel to and from appointments was a necessary part of her job and as such, she should have been paid for it.
“We believe there are potentially thousands more care workers, working for MiHomecare, and other care providers, who are being paid less than the National Minimum Wage.”
In February 2016, MiHomeCare agreed to pay Ms Barlow £1,250 in compensation.
The home care organisation, which cares for people who need help and support due to old age, illness, disability or infirmity, told the BBC that following a review in June last year they had ‘’revised all pay rates that required adjustment and amended care rosters to ensure that they complied with relevant legislation.’’
The Independent has also contacted MiHomeCare for comment.
It is estimated that around 883,000 people receive domiciliary care in the UK.
