Volunteers are often the bedrock of charitable organisations, but they are not protected from sexual harassment within those organisations.
Following the decision in the Court of Appeal last summer, (see our ebriefing) the Supreme Court has announced today, that Mencap’s leave to appeal this has been granted. Their Lordships will now deliberate on whether all time spent during sleep-ins count towards working time for the purposes of National Minimum Wage or, as the Court of Appeal decided, just time spent awake and working.
For those of us involved, be it in an advisory or operational capacity, this announcement, whilst prolonging the absence of a final answer is by no means unexpected (see our ebriefing). It was always unlikely that a matter with such huge cost implications for the care sector and significant impact for individual employees would be resolved without the Supreme Court getting to decide.
We have been informed by the Supreme Court that the hearing will not take place before October 2019, but the actual timetable is yet to be confirmed. With that in mind, we would advise care providers to take the following steps;
- Use the ongoing uncertainty caused by this in discussions with commissioners to seek to ensure that sufficient funding is provided to pay NMW for each hour of a sleep-in pending the Supreme Court’s decision;
- For those considering removing Top Ups consider whether any change should be delayed pending the decision of the Supreme Court. We recognise that commissioners funding decisions may drive decisions on Top Ups; and
- For those who have already removed Top Ups consider your risk management strategy in light of the potential for the Supreme Court to decide that every hour of a sleep-in counts.
For a case where so many people have a different view, it is difficult to second guess the results of the Supreme Court’s deliberations and predict an outcome. Our view is that the Court of Appeal rightly interpreted the wording of the NMW regulations in accordance with Parliament’s intentions when the Regulations were introduced. We would hope the Supreme Court will follow suit and leave it to parliament to consider whether the current National Minimum Wage Regulations give sufficient protection to workers carrying out sleep-ins.
We will, of course, provide any updates about the timetable for the case, but in the meantime, please do not hesitate to contact Matt Wort or another member of the employment team.
Here at Anthony Collins Solicitors, we have been hard at work advising a charity client, BICMP, on its new music project, ‘Resonance’.
Currently, the only ground for divorce is irretrievable break down of a marriage. Following a consultation, the Government has announced its intention to reform the legal requirements for divorce.
The UK Information Commissioner’s Office (ICO) has recently made some noteworthy changes to its guidance around data subject access requests (DSARs).
In the fourth part of our series on contract management pitfalls, we look at the risks arising out of varying the terms of construction contracts.
A local authority recently received a "roasting" by the Pensions Ombudsman for their delay in processing an employee’s ill-health retirement pension, following her diagnosis with advanced cancer.
The Times is looking for three or four charities to feature in their editions running in December 2019 and early January 2020.
Cliff Mills defines and talks about the importance of social value in his blog, and its potential within Greater Manchester.
Following a power outage at Anthony Collins Solicitors’ (ACS) Birmingham office, our employees and partners currently have limited functionality, including no access to emails.
Joint ventures present an opportunity for housing associations to build organisational capacity, the revenues from which could help deliver on wider social housing commitments.
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