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.
Over the past two years, we have seen an increasing number of GDPR claims being made alleging that an individual’s data protection rights have been breached.
Anthony Collins Solicitors are delighted to announce that they have been ranked as a Band 1 firm in Chambers and Partners 2022.
Alice Kinder, pensions and employment solicitor takes on the role in representing and supporting more than 5,500 legal professionals located across Birmingham and the Greater Midlands.
Our annual virtual employment law update catches up on the cases, legislation and changes over the last 12 months.
Anthony Collins Solicitors are presenting a series of podcasts with employees to raise awareness about disabilities around the firm.
Answering key questions about the details and practicalities of mandatory vaccinations in care home settings.
Anthony Collins Solicitors (ACS) has appointed a new partner to its market-leading social housing property team.
On 7 September 2021, the Regulator of Social Housing (RSH) published its annual consumer review.
From today (1 October 2021) there is yet more change on the possession front!
We are delighted to secure our position as a top-tier firm in five of our practice areas in the Legal 500 2022 edition.
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.