ALTERNATIVE Futures Group (AFG) is a 20-year-old charity and one of the largest social care providers in the north-west of England. 

With 2,500 employees and 20 public-sector commissioners — 15 of them councils — it is a big player in the provision of care services to 1,200 people with learning and physical disabilities and complex care needs and it’s one which prides itself on providing “person-centred services.”

Delve into the AFG website and you will also see that it tells prospective employees: “In return for your contribution we will support you throughout your career and provide a wide range of employee benefits, career development and lifestyle support services to ensure that you feel supported, fulfilled and valued from day one of your employment with us.” 

But this week, Unison members employed by AFG across north-west England are on strike — not feeling “supported” and “valued” by their employer at all. 

Today they will gather for a rally in Liverpool, to be attended by some of the unhappy council leaders who commission AFG’s services. 

It’s the third round of strike action over cuts to the workers’ “sleep-in” allowance, following two days in March and one in April. And it’s been “solid,” according to Unison regional organiser Tim Ellis. 

So what is the dispute about? For four years, AFG workers “sleeping-in” with clients on nine-hour shifts had been paid £70.45. 

That was hardly a fortune. In fact it was just nine times the hourly rate of the statutory national living (minimum) wage of £7.83, which went up on April 1 this year to £8.21. 

But the allowance was initially cut to £40, with AFG claiming that it could no longer afford to pay national living wage rates in the face of increased overheads. 

It was increased from March 1 after Unison announced a strike ballot. A further move followed strike action on March 2-3, with an offer from AFG of £60 from April 1 for most, but just £50 for some workers. 

Those £50 and £60 rates compare with the £73.89 which they would receive if paid at current national living wage rates. 

The differences in AFG’s proposed allowances reflect the fact that pay across contracts in north-west England differs according to the level at which councils and the NHS commission services. 

For those working the permitted 12 sleep-in shifts each month over a year, the cut to £50 means an annual loss of £3,440 — or £2,000 for those “lucky” enough to receive £60. 

For some AFG workers already struggling on poverty pay rates, that cut represents the difference between renting a suitable family home, rather than a cramped one. For others, it’s the difference between buying small “extras” for their kids — or not. 

Support worker John who — unusually — has worked for AFG for six years emphasised the importance of earnings derived from sleep-ins: “The sleep-ins were really important. Not having that sleep-in money has made it very difficult for people to do basic things like pay the rent or the bills.” 

Currently an AFG support worker on a 39-hour week — and not working sleep-ins — earns just £16,696 a year, the current level of the national living wage. 

It is a rate which does not reflect the complexity and demands of the work that the worker is required to do. 

Those working sleep-ins at night often have to pay for others to care for their families and may be responsible for looking after several care users in sheltered housing or a care home. 

As for all of us, their night times are precious and many sacrifice their own sleep to care for others. 

Some AFG staff go straight from working a 12-hour day shift to a nine-hour night shift just to make ends meet.

But how can AFG workers “sleeping-in” possibly be paid less than the statutory national living wage? 

The answer lies in the national living wage regulations, scared care providers and the courts. National living wage regulation 16 only regards sleeping-in as “work” which should be paid when there is actual physical contact between the carer and the client. 

However, in 2016, Claire Tomlinson-Blake won a case against her employer Mencap in an employment tribunal, which declared that she was actually working during sleep-in time, not simply “available for work” as implied by the national living wage regulations.  

A subsequent appeal to the employment appeal tribunal by Mencap was lost and care providers were informed that they could be liable for fines and up to six years’ back pay to their employees, with some claiming that the collective damage could amount to as much as £400 million. 

Shortly after, the government let care employers off the hook by allowing them to avoid fines and delay repayment of wages until March 2019 in return for declaring underpayments.  

Mencap followed the EAT judgement with an appeal to the Court of Appeal in 2018 which overturned the previous judgements and ruled that sleeping-in only constitutes “work” if it involves some form of physical contact, but not when workers are on site to watch out for users, respond to their needs and are permitted to sleep — even if they get little. 

Unison has now won leave to appeal that judgement to the Supreme Court.

Many care employers have continued to pay the national living wage for sleep-ins, but others like AFG are using the Court of Appeal’s judgement to cut the rates. 

Unison has looked into AFG’s finances and has concluded that it pays its executives much higher rates than many other care providers. 

It also believes its overheads have not increased from the claimed £7.5m in 2016-17 to £9m in 2018-19 and that the 29 per cent of the public funding it retains for itself for these “overheads” is excessive. 

Most councils commission AFG on the basis of paying the national living wage for sleep-ins and are unhappy too. The union hopes that AFG will see sense and negotiate improved sleep-in rates. 

Meanwhile it has recruited almost 300 new members and eight stewards in the organisation, as part of its unique Care Workers for Change campaign, which has its sights on poverty pay and exploitation across the entire care sector in north-west England.

There’s certainly enormous scope for it. With 34,000 employees and 625 care establishments registered with the Care Quality Commission in Lancashire alone, Unison North West has its work cut out. 

Outsourcing of almost 80 per cent of care jobs, resulting in thousands of fragmented providers, coupled with the Tories’ austerity programme — which has hit north-west England hard — means that councils are under enormous pressure and spending almost two-thirds of their budgets on care already. 

Undervalued and underpaid care workers — overwhelmingly women — are unlikely to see better treatment in the near future without a sustainable funding system and a return of care provision to public providers not concerned with profit margins.

The sector is struggling with high turnover rates, which exceed the national average of 30.7 per cent in 10 north-west councils, with Cheshire East and West and Trafford finding it particularly hard to retain staff. 

Vacancy rates are above average in Cheshire East and West, Liverpool, Sefton and Bury. 

The culture of trade unionism, which was strong among care workers before privatisation, has to be rebuilt and union recognition fought for and won. 

It’s a vital struggle for the 1.6 million care workers in England alone and one on which Care Workers for Change is leading the way. They need all the support they can get. 

Please show your support for the AFG strikers and donate if you can at mstar.link/AFGStrike.