Luton Borough Council was prosecuted by the HSE late last year following an incident at a high school in which an assistant headteacher was attacked by a pupil and left with life-changing injuries.
Unison have lodged an application for permission to appeal to the Supreme Court in the Mencap case.
We expect that it will take at least 8 weeks for the Supreme Court to decide whether to grant permission to appeal. If permission is granted, the Supreme Court would then list the case for a hearing, which we would expect would be in the latter part of 2019. We will provide a further update on timings once further information is available. Our expectation is that the Supreme Court will give permission for the appeal to proceed to be considered at a hearing.
The grounds for appeal highlight the significance of the issue for the sector and for workers. They are technical in nature but are broadly based on argument that:
- The previous approach to the law was correct. The exemption regarding sleeping should only apply if someone is not already working because of the nature of the restrictions on them.
- The Low Pay Commission recommendations have been misunderstood. It is alleged they recommended time spent available for work should be paid at NMW rates.
- The Court of Appeal contradicted themselves by saying that the sleep-in exception was intended to deal “comprehensively” with the position of sleep-in workers, and then accepting the conclusion in the Scottbridge case which the Court of Appeal felt turned on its particular facts.
- The Court of Appeal were wrong to conclude that Walton (the case which upheld the use of Daily Average Agreements in a live in care context) was authority for the proposition that a worker on call who is permitted to sleep is not working.
- The Court of Appeal shouldn’t have changed the Tribunal’s original decision on its facts unless they concluded the original decision was perverse.
The Court of Appeal decision represents the current interpretation of the law, but this appeal means it cannot yet be taken to be the final position. Providers will be keeping a close eye on further developments to help decide future pay strategy for sleep-ins. We expect HMRC will be providing an update in respect of the SCCS scheme by 17 August and we will provide a further update once we have considered the HMRC update.
For more information
This ebriefing looks at the proposal to set out 'public procurement principles' in the proposed procurement legislation.
Happy New Year - our first newsletter of 2021! Throughout this year we will continue to bring you news and developments relating to the charities sector.
Local authorities should be wary of reserving contracts for local suppliers, as recommended by Procurement Policy Note (PPN) 11/20. Other contracting authorities may want to maximise their use of this
Most housing practitioners have perhaps been waiting for this news since the latest lockdown was announced by the Prime Minister on 4 January 2021.
Climate change and biodiversity is an area where significantly faster changes are needed on a global and local basis.
Chris Lloyd Smith, Adrian Leonard and Lisa Whitehouse discuss the planning opportunities available to owners of businesses and how to prepare for unforeseen events.
In their 3rd podcast of the series, Chris Lloyd-Smith and Maria Ramon discuss a number of problems with and difficulties that can arise in mediation and the mechanisms they use to overcome them.
Our previous round-up began by sharing the news that two vaccines had shown very promising test results. Here we are, not even a month later, and the first vaccines have already been administered!
The Covid-19 crisis has demonstrated that there is great resilience and innovation in the housing sector across Greater Manchester, it has also brought shortfalls and other priorities sharply into foc
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.