While it is understood that the bill has been introduced to tackle the potential exploitation of migrant workers, it will apply equally to all employers and workers. It is therefore likely to affect employers in many sectors who provide employee accommodation. The additional payment specified shall not be taken into consideration in assessing whether the basic pay is at or above the national minimum wage.
However, the bill states that the requirement to offer a financial alternative to residential accommodation will not apply if the accommodation is deemed to be ‘a necessary requirement of the employment’.
We are aware that a number of our clients offer their employees residential accommodation and that many of these require their employees to live in that accommodation either because they consider that such residence is essential for, or for the better performance of, their duties.
Accommodation provided to low-paid workers (including employees) may affect the calculation of the worker's pay for national minimum wage purposes. Accommodation may be given a value, known as the "accommodation allowance" or "accommodation off-set", which is set under regulation 36 of the National Minimum Wage Regulations 1999.
There is not currently a date for the second reading of the bill; and as the next election is in May 2015 it will not become law if it has not completed its passage through Parliament at that stage.
We would recommend that clients who offer accommodation as part of an employment package take this opportunity of reviewing the basis and terms upon which they are doing so and be clear as to whether the occupation of accommodation is a necessary requirement of the role.
For further information on the impact of existing, and this possible, legislation on your organisation, please contact Stephen Dalling on 0121 212 7429 or stephen.dalling@anthonycollins.com.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
Following the launch of the CQC’s new strategy for how it regulates health and social care, many providers will be keen to know more about how the changes might affect them in the future.
EPC’s are not required to be served with a Section 21 notice for assured shorthold tenancies if the tenancy predates October 2015.
A new era of paperless property deals is upon us following the Land Registry’s landmark decision in July 2020 to accept e-signed documents for registration.
Under NHSX, the Department of Health and Social Care, NHS England and NHS Improvement have published the Secretary of State's vision for how data will be used to improve health and care.
Ofsted recently published the findings from its rapid review of sexual abuse in schools and colleges. The review highlighted keys areas of concern and presents clear actions, which are discussed here.
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.