The trade union, Unison has revealed that just seven per cent of local councils in England ensure that home care providers pay workers travel time.
The information, obtained under the Freedom of Information Act by Unison, has revealed that 93 per cent of local councils surveyed within England and Wales do not ensure home care providers offer their workers additional pay for time spent travelling.
The general secretary of Unison, Dave Prentis said: "The Government's feeble guidance to councils will do little to curb the endemic practice of illegally paying care workers less than the National Minimum Wage. It is a scandal that more than 200,000 care workers receive less than £6.50 an hour. Many members are reporting actual hourly rates as low as £3.50.”
Of 98 per cent of responses received by councils, 79 per cent disclosed that they had not seen any records for pay of any of the care workers that they commissioned, to check that they coincided with current National Minimum Wage laws.
In Wales, there are currently no local council measures in place to insist that home care providers pay for travel time.
Mr Prentis added: "The knock on effect of paying illegal wages to home care workers is that it hits the people who rely on these services every day. Ensuring decent pay for care workers is all about improving the quality of life for the people they care for. A decent wage and more secure employment makes it possible for dedicated care workers to stay in the job and focus on giving the best possible care."
Of the councils surveyed, several detailed some of the reasons why they had not checked that home care providers were compliant to National Minimum Wage laws, these included, being reliant on the Department for Work and Pensions and Care Quality Commission to check.
Some councils disclosed that they had made attempts to write to home care providers and accepted assurance that home care workers were receiving pay for their travel expenses.
Mr Prentis said: "The only way to stamp out these illegal practices is for the Government to tighten its guidelines to ensure there is a contractual condition between councils and home care providers that workers must be paid at least the minimum wage. And councils must be required to properly monitor compliance."
A recent investigation into the social care sector conducted by HMRC confirmed that 50 per cent of service providers were not paying their staff the National Minimum Wage and as a result, one home care provider received a fine of £600,000 for failing to pay workers for their travelling time and comply with legislation.
Unison has expressed that guidance needs to be available to ensure that there is a legal requirement in place for local councils to stop home care workers being paid below the National Minimum Wage.
The trade union is requesting that the Government issues new guidelines to safeguard care workers against underpayment and insufficient arrangements for sleep ins and travel costs. In addition, Unison is calling for clarity with regard to how councils pay their home care providers, spot checks on payroll records and frequent anonymous staff surveys.
Unison is calling for all local councils in the UK to sign the union's Ethical Care Charter, the charter has been devised to establish minimum standards with the aim of protecting the quality of care of those who need home care.
Furthermore, the charter requires local councils to supply home care exclusively from those who provide workers with sufficient training, time and a living wage to allow them to offer quality care for all home care users who are reliant on it.