Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
Prior to the summer of 2016, we have been involved in a number of inspections where HMRC had concluded that it was only the time spent awake and working during a sleep-in shift that would count for National Minimum Wage (NMW) purposes. In two recent matters they have taken the view that every hour of the sleep-in counts where: (i) there was a requirement for the workers to be present during the night, and (ii) those workers were not allowed to leave the service during the hours they are required to sleep-in.
As a result, on 15 November 2016 we made a Freedom of Information Act request, asking various questions to understand more about HMRC’s change of approach and their current approach to alternative pay arrangements for sleep-ins, such as top-up payments and the use of daily average agreements. We will provide a further update once we have the outcome of our request.
Many providers have already been reviewing their strategy for NMW compliance in recent months, and these developments further highlight the need to review how you manage your risks relating to NMW compliance.
The UK Government has been consulting on how it should promote social value in its procurements. Here is our response that we submitted to the consultation...
The Tenant Fees Act 2019 came into force on 1 June 2019.
A recent case in the Court of Appeal will no doubt bring a sigh of relief for employers, but a corresponding sigh of disappointment may be uttered for equality and gender balance in the workplace.
This briefing assists response to the consultation paper by outlining the consultation questions, providing some background information and prompting some thoughts and potential answers.
A report published on 29 May by the Institute for Fiscal Studies (IFS) has found that since 2009-10, local government spending on services has fallen on average by 21% in real terms.
A long-awaited decision of the Court of Appeal has clarified that a lower standard of proof should apply than previously thought before an Inquest can return a conclusion of suicide.
New regulations come into force on 1 June 2019, amending the Section 21 (s21) prescribed form template for use with assured shorthold tenancies.
In a challenging economic climate with continuing budget cuts and increasing expectations of staff, sickness absence remains an ongoing problem that is important to address.
Social housing providers will routinely have a number of construction projects underway at any one time. It is essential for client teams to understand and avoid key contract management pitfalls.
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.