The use of large up-front fees and disproportionate deposits has already resulted in significant cost consequences for one care provider.
This ruling confirms the Advocate General’s opinion in this case, which we released a briefing on earlier this year – see here for our full commentary on the implications of the same.
In light of the ECJ’s ruling, employers will need to make sure that travel time to and from work for workers with no fixed or habitual place of work is taken into account when calculating:
- entitlement to rest breaks;
- compliance with night working limits; and
- that the maximum 48 hour average working week (over a 17 week reference period) is not exceeded – unless the worker has signed an opt out.
It may also impact on the accrual of annual leave for those who work irregular hours.
As we mentioned in our previous briefing, the ruling is not directly relevant to working time for National Minimum Wage (NMW) purposes. Employers do not therefore need to start taking into account journeys to and from work for the purposes of ensuring compliance with NMW following this ruling as the wording of the NMW Regulations is clear that this time wouldn’t be covered. However, the ruling does provide an insight into the approach the courts are taking, and we expect more developments of the law in this area.
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The government announced on 16 May that it will provide a fund of £400m to cover the costs of removal and replacement of cladding to high rise residential blocks which have failed tests.
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.
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.
Thinking about the legal status of being a cohabitant probably isn’t at the top of the ‘to do’ list.
When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.
We are now only a few weeks away from the biggest change to data protection laws in over 20 years. Are you compliant?
The tragedy, in this case, is that there were options readily available to the midwives that they could have used. This was not a case of having to go above and beyond.
Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.
The SCCS has issued providers in the scheme a series of updated and new documents in order to assist with their National Minimum Wage review.
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