Providers will be hoping that the Government’s acceptance that previous guidance was misleading, as per the 26 July 2017 announcement, means that they will not need to repay alleged before February 2015. Even payments for that period are, in our view, something that the Government should not require, given the approach to enforcement taken by HMRC until summer 2016 about sleep-ins. This is in addition to the obvious failure to properly consider why time spent asleep in a sleep-in is working time when time spent asleep in a live-in care setting isn’t. The circumstances of the “sleep” in both settings is not materially different. With the Mencap case not being heard until March 2018, and the fact that the case won’t be considering an argument that a sleep-in is unmeasured work, we consider final certainty on this issue is still a long time away.
In the meantime, as the Government confirmed on 26 July 2017, it expects all employers to pay their workers as set out in the BEIS guidance ‘Calculating the National Minimum Wage’ and any employer underpaying their staff for “sleep-in” shifts following that date will be liable to pay financial penalties. Providers need to be aware that where a care worker is doing time/salaried work, even when they are asleep and waiting to work, HMRC will take the view that they are in fact likely to be working where:
- there is a requirement for the workers to be present during the night, and
- those workers are not allowed to leave the service during the hours they are required to sleep-in.
Our team of NMW experts that have experience of, and can assist with:
- Helping you prepare for HMRC inspections and challenging HMRC’s approach (in particular regarding any historical back pay);
- Reviewing your current arrangements;
- Checking and drafting contracts of employment, daily average agreements and relevant policies and procedures;
- Assisting with implementation of any proposed changes and drafting correspondence to staff and unions;
- Dealing with any employee complaints including grievances and defending Employment Tribunal proceedings;
- Negotiating fee increases and challenging Local Authority poor procurement practices.
Our Health and Social Care team has been representing Care England to date in its application and will be preparing the case for the next month’s hearing on 20-21 March.
Anthony Collins Solicitors has updated the National Community Land Trust (“NCLTN”) Model Rules.
Currently, the law doesn’t allow a single parent with a child born via surrogacy to obtain a parental order, leaving their family legally vulnerable.
The national study, Why Asthma still kills, involved a detailed examination of the circumstances surrounding 195 deaths from asthma in the UK in 2012.
Our Housing team are delighted following a formal tender procurement process to have been appointed to three lots under the new multi-million-pound legal services framework for The Riverside Group.
Necrotising Fasciitis, more commonly known as the ‘flesh-eating disease’, is a significant medical condition that requires urgent treatment.
Many of us who have been following the unfolding Inquest, are not surprised that the Coroner found gross and significant failures on the part of those caring for him.
Transferring out of SHPS will not be suitable for every housing association. So what should housing associations do?
In all the action to remove defective cladding, leaseholders have been the elephant in the room. Whilst social landlords might have adopted a wait and see approach private landlords do not have that luxury.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.