Hilary Homfray joins Anthony Collins Solicitors after working for Birmingham City Council for 14 years. With more than 60,000 properties, she was kept busy!
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.
The use of large up-front fees and disproportionate deposits has already resulted in significant cost consequences for one care provider.
The government announced on 16 May that it will provide a fund of £400m to cover the costs of removal and replacement of cladding to high rise residential blocks which have failed tests.
Whilst some people are under the impression that preparing a Lasting Power of Attorney (LPA) is simply a case of completing a form and ticking a few boxes, it is about far more than this.
A big fear for some people facing divorce and the inevitable carving up of the matrimonial assets. They seek assurances that such assets will be “ring-fenced” and retained for them.
Thinking about the legal status of being a cohabitant probably isn’t at the top of the ‘to do’ list.
When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.
We are now only a few weeks away from the biggest change to data protection laws in over 20 years. Are you compliant?
The tragedy, in this case, is that there were options readily available to the midwives that they could have used. This was not a case of having to go above and beyond.
Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.
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