This has led to areas of dispute and interpreting the law wrong can prove costly. The Government has decided to consolidate the law into one set of Regulations. These have been published in draft and the Government has launched a consultation which provides an opportunity to comment on areas where the law is unclear.
One area in desperate need of clarification relates to sleep-ins. Many employers who provide care and support are under pressure to change their pay arrangements for staff working sleep-ins. These staff are typically paid an allowance that is less than the minimum wage because they are allowed to sleep throughout the shift unless they are disturbed. The pressure for change is because two recent cases found that workers should be paid the minimum wage for every hour of a sleep-in. Those cases conflict with the Government’s own guidance on sleep in arrangements which provide “workers are not entitled to the minimum wage while they are on standby or on call and are asleep or entitled to sleep”. The guidance seems to reflect the recommendations made by the Low Pay Commission when the National Minimum Wage was introduced. A Court of Appeal case has previously found that a worker was not entitled to the minimum wage for every hour of a sleep in where the work was treated as unmeasured work. This consultation presents an opportunity for the housing sector to influence the law on this key issue so take your opportunity to contribute. The consultation closes on 15 September 2014.
For further information, please contact Matthew Wort on matthew.wort@anthonycollins.com or 0121 214 3501.
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.
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
Following the launch of the CQC’s new strategy for how it regulates health and social care, many providers will be keen to know more about how the changes might affect them in the future.
EPC’s are not required to be served with a Section 21 notice for assured shorthold tenancies if the tenancy predates October 2015.
A new era of paperless property deals is upon us following the Land Registry’s landmark decision in July 2020 to accept e-signed documents for registration.
Under NHSX, the Department of Health and Social Care, NHS England and NHS Improvement have published the Secretary of State's vision for how data will be used to improve health and care.
Ofsted recently published the findings from its rapid review of sexual abuse in schools and colleges. The review highlighted keys areas of concern and presents clear actions, which are discussed here.
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