Campaign
Fixing the Foundations
of pay in homecare
For years, homecare workers have been exposed to a high risk of National Minimum Wage underpayment thanks to the non-payment of legal working time - travel, waiting and training - and low mileage rates.
The prevailing pay model in homecare:
- Masks illegal underpayment
- Locks migrant homecare workers into exploitative working hours
- Misleads policy-makers and job-seekers
- Undermines efforts to improve care workers' basic hourly rate of pay.
People should feel confident that the care workers stepping into homes across the country are shown dignity in their employment in return for compassionate, committed, relational support.
The foundations of pay in homecare must be fixed ahead of the 2027 rollout of guaranteed hours contract and the Fair Pay Agreement in adult social care.
The following are essential for all homecare workers:
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Shift-based pay according to a transparent hourly rate
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Maximum approved mileage rate
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Paid training
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Peripatetic worker status
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Occupational sick pay
How can we afford this?
Local authorities should reduce the number of commissioned homecare providers serving each geographic area, improving workforce utilisation - i.e. more care hours for the same budget - and minimising duplicative public expenditure across numerous homecare management teams. A reduction in the number of homecare providers positions CQC to be able to regulate the sector more effectively.
Meanwhile, a transition to shift-based pay at a transparent hourly rate significantly reduces the administrative burden on employers, local authorities and enforcement agencies in respect of ensuring pay is compliant with National Minimum Wage.
What about choice and control for people who rely on social care?
Ensuring homecare workers are employed according to fair, bare minimum pay and conditions should improve overall quality and continuity of support.
Meanwhile, self-directed means of accessing social care at home such as Individual Service Funds (ISFs) and Direct Payments should be promoted as the primary route to accessing non-medicalised support via a single, council-approved matching platform for Personal Assistants per local authority area.
If somebody requires support with medication administration or other delegated healthcare tasks, this should be procured via a CQC-regulated homecare agency, recognising the significant level of responsibility and personal liability placed on the individual offering support.
How to get there
For government
Legislate to recognise all periods of up to one hour between homecare visits as payable working time
Introduce a mandatory mileage rate at the maximum approved rate for all care workers.
Ensure all homecare workers are correctly classified as peripatetic workers, with no fixed place of work stated on contracts of employment.
Designate ‘domiciliary care work’ as a Specific Occupation in HMRC / the Fair Work Agency’s National Minimum Wage Manual to facilitate updated guidance in accordance with the above measures.
Place a limit on how many days or hours a worker can be required to make themselves available for work in order to accumulate the hours agreed via a guaranteed hours contract.
Invest sustainably in adult social care via local authorities
For local authorities
Cap the number of commissioned homecare providers serving each geographic area, with the aim of improving workforce utilisation and minimising duplicative public expenditure across numerous homecare management teams.
Only commission homecare providers that pay workers by the shift i.e. from the start of the first care visit to the end of the last according to a transparent hourly rate for all working time rather than a blended headline rate.
Require that commissioned providers limit the number of unpaid breaks per shift in keeping with Working Time Regulations 1998.
Only commission homecare providers that pay workers the maximum approved mileage rate
Only commission homecare providers that pay workers for all training time
Only commission homecare providers that correctly classify field-based staff as peripatetic workers with no fixed place of work stated on contracts of employment
Carry out regular quality assurance checks at commissioned homecare providers, checking payslips against rotas. This is significantly less resource intensive with shift-based pay.
When carrying out quality assurance checks, select names randomly from a complete staff list. Never ask providers to supply a curated list of staff to contact.
Where a commissioned fee increase is justified on the basis of pay compliance, require that providers evidence - per contract period - that the uplift reached workers' payslips
For employers
Pay field-based staff from the start of the first care visits in a run to the end of the last according to a transparent hourly rate.
Limit the number of unpaid breaks per shift in line with Working Time Regulations 1998.
Pay the maximum approved mileage rate.
Pay for all training time.
Correctly classify field-based staff as peripatetic workers, removing a fixed place of work from contracts of employment.
Where a local authority does not pay enough to remunerate field-based staff as above, reach out to other affected homecare providers and challenge it together.
Just because others are doing it, it does not make it ok. Your field-based staff deserve better as do the people they support.