Anthony Collins Solicitors are presenting a series of podcasts with employees to raise awareness about disabilities around the firm.
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
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.
This virtual event is an introduction to employee ownership.
Helen Tucker has been appointed a deputy district judge (DDJ) for the Midlands Circuit and will start sitting part-time in county courts from early 2022.
The monthly round-up from the Anthony Collins Solicitors charities team.
The CQC will conduct reviews on a monthly basis of all of the information they hold about services and will use these reviews to prioritise its activity.
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