In June we took on the challenge to become a Sepsis Savvy organisation - I'm really pleased to announce we've done it!
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.
In 2020 the court rules were changed to require that all residential tenants must be given 14 days’ notice of an eviction. What happens though if the eviction is cancelled on the day?
We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
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.
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