Restore Care Workers Rights To Be Paid The National Minimum Wage

by John Patrick Shannon

Restore Care Workers Rights To Be Paid The National Minimum Wage

by John Patrick Shannon
John Patrick Shannon
I am 68 years of age: An ex-Care Worker of some twenty years experience; before that I worked within the print industry. Currently campaigning for #awakeonasleepin.
28
days to go
£3,555
pledged of £40,000 stretch target by 112 people
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John Patrick Shannon
I am 68 years of age: An ex-Care Worker of some twenty years experience; before that I worked within the print industry. Currently campaigning for #awakeonasleepin.
Pledge now

This case is raising funds for its stretch target. Your pledge will be collected within the next 24-48 hours (and it only takes two minutes to pledge!)

Latest: Dec. 6, 2018

CHANGE OF PLAN

THE DEADLINE IS NOW FRIDAY 14th

With a week to go 98 wonderful people have pledged and we are now at £3,170 the sum of  which is 90% of the revised down £3,500  of the initial ...

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Who am I?

I am a 68-year-old man, currently a pensioner who has worked hard all his life. I am an ex-care worker with two decades' experience.  I have spent the last five years fighting for the right to be paid the National Minimum Wage and recently been campaigning with the #awakeonasleepin group.

Terms of employment

I was employed as a live-in on-call (sleep-in) care worker and the hours of work were 8.45pm until 7.00am. I also had to be present for the handover at 8.30pm each evening. I worked seven days a week and fifty two weeks of the year and I was not given paid holidays.

I believe that care workers should be paid at least the national minimum wage for "sleep-in shifts", and I’m willing to go all the way to the Supreme Court to fight for this.

 What winning this case would achieve

Firstly, it would force the government into amending the national minimum wage regulations. As it stands the national minimum wage isn't really a 'minimum wage' when bosses can discriminate against a "certain type" of low paid worker and make an excuse not to pay them the minimum wage for whatever reason. Social care jobs are mainly done by women, who are also feeling the brunt of austerity and cuts across the country. 

Secondly, it may change the government's direction on funding for the social care sector, which is at present wholly inadequate.

Thirdly but not least importantly, it could even lead to proper care for the millions of elderly, disabled and children who rely on live-in care work.

Background to the case

It began in January 2013. After nearly 20 years of working for the same employer as an on-call live-in care assistant in a Residential Care Home the business was transferred to a new owner and placed under TUPE regulations.

(TUPE refers to the "Transfer of Undertakings (Protection of Employment) Regulations 2006" as amended by the "Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014". Basically it means that workers' rights and contracts are protected in the event that a business is sold or taken over by a new owner and they should be able to continue to work under the same contracts and conditions that they had under the previous management).

Before the new owners' tenure tensions were mounting due to enforced signings of two contracts of employment and other documents. Following the takeover my terms and conditions were altered insomuch that I had no option other than to put in a number of grievance letters to my employer. These complaints included health and safety regulations, threat of deduction from wages, non-payment of the National Minimum Wage, no paid holidays and a few other matters. After a lengthy and protracted grievance procedure I was unfairly dismissed, evicted on the last day of employment and made homeless on the 1st of January 2014.

 I took the employer to the Employment Tribunal (2014) and won the unfair dismissal claim. However, confusingly, this left me with no compensation and did not address the other matters. This was no real help as the new owners were not going to give me my job back and at my age I knew I was unlikely to find another job. I appealed their decisions (at the Employment Appeals Tribunal 2015) regarding the non-payment of the National Minimum Wage and non-payment of holidays and lost on both claims.

The next step was to make an application to the Court of Appeal but this was refused. We were told however that it was still possible to make a 20/30 minute verbal application instead of a full written application. It was decided by my legal team that given the length of time we would have to put our arguments that we would have to drop the claim for non-payment of holidays and only appeal on the NMW claim. The appeal was granted in early 2017 but it was another year before the hearing commenced on the 20/21st of March 2018 at the Royal Courts of Justice.

My case at the Court of Appeal (Shannon v Rampersad) was heard alongside another worker Ms Claire Tomlinson-Blake (a support worker backed by Unison) v Mencap Charity.

Two separate bodies, Care England and the Local Government Association intervened on behalf of the employers. The judgement was handed down on the 13th of July 2018 in favour of the employers and we were both denied the NMW. The judgement was aptly named by the media as the 'Mencap Ruling'. I have since made an application for permission to appeal to the Supreme Court. The result of the application should be forthcoming in the New Year.

Aims and expenses that crowdfunding will cover 

The aim is to continue the fight to be paid the National Minimum Wage through to the Supreme Court and beyond if necessary. The crowd funding will cover the liabilities in the event of losing and also cover the respondents' legal fees. My team has estimated future Supreme Court costs of around £110,000.

To continue the fight without any backing I need support in the form of contributions and for people to share this campaign page to as many people as possible.



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Update 6

John Patrick Shannon

Dec. 6, 2018

CHANGE OF PLAN

THE DEADLINE IS NOW FRIDAY 14th

With a week to go 98 wonderful people have pledged and we are now at £3,170 the sum of  which is 90% of the revised down £3,500  of the initial minimum target needed to continue the crowd funding campaign and take the fight to the Supreme Court! 

I cannot thank enough the people who have contributed by pledging, sharing and RTs. and tweeting but more is needed so please get those fingers working.

Again thank you to everyone old and new pledgers, and everyone else who has contributed in one form or another for you hard work and continuing support.

With only a week left I would ask you to email five of your friends asking them to pledge to my case and have them post a link to Facebook asking their friends to pledge. Other than that - Tweet in support.

You could also make it clear that no funds go to myself at any stage: The fund is placed into the hands of a solicitor to discharge any costs or fees that accrue.

Pledging again is an option and for me is one that I find hard to ask!

I very much appreciate the help you have given already towards the aims of this funding campaign.

Kind regards

John


Update 5

John Patrick Shannon

Dec. 6, 2018

THE DEADLINE IS FRIDAY (7th) MORNING 10 a.m.

We are now at 62% (£3,125) of the minimum target for continuing this fight to the Supreme Court but this will close if we cannot reach the £5,000 figure! I cannot thank enough the people who have contributed by pledging, sharing and RTs. and tweeting but more is needed so please get those fingers working.

Again thank you to everyone old and new pledgers, and everyone else who has contributed in one form or another for you hard work and continuing support.

With under a day to go 94 wonderful people have pledged the sum of £3,125 which is 62% of the £5,000 minimum target needed to continue the fight at the Supreme Court.

With time running out I would ask you to email five of your friends asking them to pledge to my case and have them post a link to Facebook asking their friends to pledge. Other than that - Tweet in support.

You could also make it clear that no funds go to myself at any stage: The fund is placed into the hands of a solicitor to discharge any costs or fees that accrue.

Pledging again is an option and for me is one that I find hard to ask!

I very much appreciate the help you have given already towards the aims of this funding campaign.

Kind regards

John

Update 4

John Patrick Shannon

Dec. 5, 2018

The Deadline is 07th December - FRIDAY MORNING 10 a.m.

With less than 44 hours to run the campaign will close unless there is an upsurge in donations! £2,080 has already been pledged out of the £5,000 minimum target needed – With time running out the smallest pledge would help. Thank you!

Again thank you to everyone old and new pledgers, and everyone else who has contributed in one form or another for you hard work and continuing support.

With under 2 days to go 81 wonderful people have pledged the sum of £2,080 which is 41% of the £5,000 minimum target needed to continue the fight at the Supreme Court.

With time running out I would ask you to email five of your friends asking them to pledge to my case and have them post a link to Facebook asking their friends to pledge. Other than that - Tweet in support.

You could also make it clear that no funds go to myself at any stage: The fund is placed into the hands of a solicitor to discharge any costs or fees that accrue.

Pledging again is an option and for me is one that I find hard to ask!

I very much appreciate the help you have given already towards the aims of this funding campaign.

Kind regards

John

Update 3

John Patrick Shannon

Dec. 3, 2018

Less than 4 days to run!

Thank you to everyone old and new pledgers for you hard work and continuing support.

With under 4 days to go 74 wonderful people have pledged the sum of £1,965 which is 39% of the £5,000 minimum target needed to continue the fight at the Supreme Court.

With time running out I would ask you to email five of your friends asking them to pledge to my case and have them post a link to Facebook asking their friends to pledge. Other than that - Tweet in support.

You could also make it clear that no funds go to myself at any stage: The fund is placed into the hands of a solicitor to discharge any costs or fees that accrue.

Pledging again is an option and for me is one that I find hard to ask!

I very much appreciate the help you have given already towards the aims of this funding campaign.

Kind regards

John

Update 2

John Patrick Shannon

Dec. 1, 2018

Matching every new pledge this weekend!

From the recently pledged £40.00 from Shari onwards to Sunday 12pm I will match every pledge made.

With only just over five days to go the total raised is £1,450 from 39 pledges. 

Thank you, old and new pledgers for you continuing support. 

With time running out I would ask you to email five of your friends asking them to pledge to my case and have them post a link to Facebook asking their friends to pledge. Other than that - Tweet in support. 

You could also make it clear that no funds go to myself at any stage: The fund is placed into the hands of a solicitor to discharge any costs or fees that accrue. 

Pledging again is an option and for me is one that I find hard to ask! 

I very much appreciate the help you have given already towards the aims of this funding campaign. 

Kind regards 

John 

Update 1

John Patrick Shannon

Nov. 20, 2018

The Target has only 17 days to run!

Thank you, old and new pledgers for you continuing support.

With time running out I would ask you to email five of your friends asking them to pledge to my case and have them post a link to Facebook asking their friends to pledge.  Other than that - Tweet in support.

You could also make it clear that no funds go to myself at any stage:  The fund is placed into the hands of a solicitor to discharge any costs or fees that accrue.

Pledging again is an option and for me is one that I find hard to ask!

I very much appreciate the help you have given already towards the aims of this funding campaign.

Kind regards

John





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