
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.
Following yesterday’s announcement (20 February 2018) that the Court of Appeal has granted Care England the right to intervene in the Mencap’s sleep-in-shift case, we are pleased to confirm that our Health and Social Care team has been representing Care England to date in its application, and will be preparing the case for the next month’s hearing on 20-21 March.
With the right to intervene granted, Care England, assisted by our Team, will now have the opportunity to make written submissions, and hopefully appear before the Court of Appeal in March. Care England will be able to introduce new arguments that have not been considered in the case so far, raising hopes of averting the care sector’s impending £400m financial crisis.
Commenting on the representation, Matt Wort, partner at Anthony Collins Solicitors, said: “We are really pleased to be acting for Care England in this significant case for the sector and to have the opportunity to put forward new arguments. We believe that the intention of Parliament from the introduction of the National Minimum Wage Regulations was always that people carrying out sleep-ins would only be paid when they are awake and working, and we are hopeful that the Court of Appeal will be persuaded to interpret the legislation in that way.'
For further information on the subject, contact Matt Wort or Anna Dabek.
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.
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