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.

If you require advice in relation to national minimum wage compliance and the possible options for sleep-in arrangements, please contact Matthew Wort or Anna Dabek.

The problems with co-owned properties and attorneys
The problems with co-owned properties and attorneys

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.

What's mine is (not) yours!
What's mine is (not) yours!

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.

How to avoid the PET trap
How to avoid the PET trap

When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.

Fictitious divorces
Fictitious divorces

Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.

Legal Update – the slow death of LIBOR and its proposed replacement
Legal Update – the slow death of LIBOR and its proposed replacement

On 27 July 2017, the Financial Conduct Authority (the “FCA”), announced that by the end of 2021, the FCA will not use its legal powers to compel or persuade banks to submit to LIBOR as they are not comfortable in doing so where there are only a few eligible term borrowing transactions by large banks.

The end to “smash-and-grab” adjudication?
The end to “smash-and-grab” adjudication?

A key feature of statutory payment mechanism is a requirement for employers to issue payment notices & pay less notices if monies are to be withheld from a contractor.