A group of Anthony Collins Solicitors (ACS) experts from across our various client sectors have gazed into their crystal ball and given us a view on how 2021 is looking.
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.
Luton Borough Council was prosecuted by the HSE late last year following an incident at a high school in which an assistant headteacher was attacked by a pupil and left with life-changing injuries.
This ebriefing looks at the proposal to set out 'public procurement principles' in the proposed procurement legislation.
Happy New Year - our first newsletter of 2021! Throughout this year we will continue to bring you news and developments relating to the charities sector.
Local authorities should be wary of reserving contracts for local suppliers, as recommended by Procurement Policy Note (PPN) 11/20. Other contracting authorities may want to maximise their use of this
Most housing practitioners have perhaps been waiting for this news since the latest lockdown was announced by the Prime Minister on 4 January 2021.
Climate change and biodiversity is an area where significantly faster changes are needed on a global and local basis.
Chris Lloyd Smith, Adrian Leonard and Lisa Whitehouse discuss the planning opportunities available to owners of businesses and how to prepare for unforeseen events.
In their 3rd podcast of the series, Chris Lloyd-Smith and Maria Ramon discuss a number of problems with and difficulties that can arise in mediation and the mechanisms they use to overcome them.
Our previous round-up began by sharing the news that two vaccines had shown very promising test results. Here we are, not even a month later, and the first vaccines have already been administered!
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