We praise UNISON for seeking leave to appeal on sleep-in case

Belsize Village, London, UK: Following UNISON’s statement yesterday that it has asked the UK Supreme Court for leave to appeal against the Court of Appeal decision in Royal Mencap Society v Tomlinson-Blake, Penrose Care’s managing director Robert Stephenson-Padron, a long-time advocate for the ethical treatment of home care workers, made the following statement:

“Penrose Care praises UNISON, the British labour union which includes social care workers and managers, in seeking a leave to appeal against the Court of Appeal’s morally repugnant decision of 13 July 2018 in the care worker sleep-in case Royal Mencap Society v Tomlinson-Blake at the Supreme Court of the United Kingdom.

Since Penrose Care commenced trading in 2013, we have abided by the obvious interpretation of the law that care workers need to be paid at least the minimum wage for sleep-in shifts. We were aware then and have remained aware that many other social care providers have ignored the law, and therefore took on social care contracts priced at rates whereby legal compliance would make them unprofitable. We on the other hand consciously rejected such work and will always reject work that inhibits our civic responsibilities of legal compliance and our moral obligation to respect the dignity of all human persons, especially our colleagues and the vulnerable persons we support.

If a judiciary ignores the law and instead makes decisions based off of the sectoral impacts of their decisions, then such a judiciary is making a mockery of the rule of law and promoting a culture of impunity in society. We absolutely reject such a thing as citizens of a free and democratic society. A culture of impunity also specifically harms ethical organisations such as Penrose Care which not only takes great efforts to comply with the law out of civic virtue, but also goes above and beyond legal minimums to uphold our belief that respect for the dignity of the human person is superior to all other aims.

Penrose Care will continue to abide by the most obvious interpretation of the law which is to pay at least the national minimum-wage / national live wage for sleep-in shifts even if certain of our peers en mass decide to continue exploiting and abusing Britain’s vital social care workforce.

Penrose Care wishes UNISON every success in their appeal to the Supreme Court, should it be accepted, and thank you for standing up for our brother and sister care workers.”

Media Contact

Robert Stephenson-Padron – Managing Director – 020 7435 2644

About Penrose Care

Penrose Care is an ethical provider of home care services London, United Kingdom to adults with disabilities and elderly persons, including those with dementia.  The company operates upon a fundamental belief that to promote a caring workforce, the organisation itself must be caring. As the pioneer of ethics in home care in the UK, Penrose Care in 2012 became one of the first four providers in the country to become an Accredited Living Wage Employer and in 2013 the first independent sector provider to be compliant with Citizens UK’s landmark Social Care Charter. Penrose Care was named the Living Wage Champion for the London region in 2016 by the Living Wage Foundation and in 2018 received a national Living Wage Champion Award for Industry Leadership.

Penrose Care’s ethical approach promotes higher quality social care workers and low staff turnover which in turn results in excellent care. Penrose Care is headquartered in Belsize Village, north London and was founded by Robert Stephenson-Padron, a healthcare research analyst, and Dr. Matthew Knight, a hospital physician.

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