Volunteers are often the bedrock of charitable organisations, but they are not protected from sexual harassment within those organisations.
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.
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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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