UNISON has lodged legal claims on behalf of members against Hampshire & Dorset homecare provider and ‘Scrooge employer’ Apex Care.
The copmpany, from Romsey in Hampshire, provides home care under contract to Hampshire County Council, as well as to Dorset county, Wiltshire county and Portsmouth city councils.
It was exposed by UNISON as a ‘Scrooge employer’ last year for its refusal to pay zero-hours staff travel time between homecare visits, which puts it in breach of national minimum wage regulations.
Since launching that campaign in December, many of the zero-hours staff who spoke out publicly have been denied work, leaving some of them no option but to leave.
Although Apex announced its intention to pay for travel time, staff are still not being paid for any time between visits, including travel time.
In many cases, this brings the hourly rate of pay down to unlawful levels – often less than £5 hour and well below the national minimum wage.
Apex is also refusing to consider any back pay for previous periods where staff have worked and not received the minimum wage or the rates in accordance with the company’s own stated policy befpre December 2013.
And the company has served notice on its carers that it is withdrawingtheir lease cars.
On such a low wage, most carers cannot afford their own vehicles and will be unable to do their work without transport.
Since being exposed by UNISON, Apex has also banned its staff from talking to the media or commenting on the company in any unfavourable way via social media.
The company has also introduced a policy where it can search individuals, their cars and possessions.
The legal claims that have been lodged at the employment tribunal on behalf of both current and former employees include claims for:
- failure to pay the national minimum wage;
- failure to pay holiday pay;
- unlawful deduction of wages;
- failure to provide itemised pay statements;
- detrimental treatment due to trade union membership or activity;
- unfair constructive dismissal.
UNISON accuses Apex of running down its Winchester operations and refusing to give work to known union members it perceives as ‘trouble makers’, which means many clients have not received the care required. As a result, the company has been reported to the Care Quality Commission, which is currently investigating.
UNISON regional organiser Peter Terry said: “Apex Care is publicly funded by Hampshire County Council who, as far as I can see, has done nothing to ensure they and other care providers comply with the law.
“We have it on good authority that the council was aware of these minimum wage breaches as far back as 2012.
“Unfortunately, Hampshire County Council has refused to consult with us over the content of this and future contracts, despite repeated requests from this union.
“It seems to us that they are more interested in protecting the interests of their contractors than the elderly and most vulnerable in our communities and the low-paid women carers who care for them”.
