
Dementia currently affects 1 in 14 people in the UK. Many people will either know someone with dementia, have had to support and care for someone with dementia or have been diagnosed themselves.
Campaigners have argued that changes being made to care worker arrangements at Botton Village, a community for people with learning disabilities in Yorkshire, breached human rights.
The case centred on the steps the charity was taking to meet HM Revenue and Customs requirement that 'co-workers', who have historically provided much of the care in Botton Village in shared living arrangements, be treated as employees. These workers had previously benefitted from an agreement by which they paid no tax on the considerable benefits they received.
A number of co-workers refused both the charity’s offer of an employment contract and its authority over the provision of support to the people with learning disabilities. As a result, the charity sought to introduce replacement employed care staff but this was halted on 13 March when the High Court granted interim relief preventing the charity from taking action. That order has now been varied on 25 March when permission for the judicial review was refused.
Helen Tucker of Anthony Collins Solicitors, the specialist law firm appointed by the charity, said:
“As a charity, Camphill Village Trust seeks to avoid legal disputes where possible. In this instance, the charity trustees had no option but to respond urgently to the claim brought against them.
The Court decided that the claim was “unarguable” as the charity had made an “evaluative decision” as to how it could most effectively meet its obligations to the learning disabled people it supports. This came as a relief to our client and a vindication of the work being done by the charity’s staff and trustees. They are working hard to ensure the charity meets all regulatory requirements in a way that meets the needs of the people it works with.”
The matter returns to court on 15th April, as the residents' solicitors have issued a renewed application for permission.
Please contact Kate Granger
Dementia currently affects 1 in 14 people in the UK. Many people will either know someone with dementia, have had to support and care for someone with dementia or have been diagnosed themselves.
The 2022 Code replaces the NHF Code of Conduct 2012 (the 2012 Code) and sets out the baseline standards that the NHF expects of its member registered providers (RPs).
The High Court has dismissed a challenge by the Police Superintendents’ Association to the closure of legacy public sector pension schemes.
In my recent blog, I said that we would be issuing a series of ebriefings and blogs highlighting issues with the Procurement Bill. This is the first of these.
Contractors and delivery partners are facing a ‘perfect storm’ in many cases with a number of factors directly impacting upon the profitability of their work.
Worker status, like Piers Morgan, is one of those things that we think has gone away and then it pops up again!
We are seeing a steady trickle of decisions focused around the issue of flexible working requests or employer requirements for changes to working patterns (both pre and post the pandemic).
For those of us who have endured a choppy cross channel journey, the mention of P&O Ferries will invoke some nauseous memories.
Successive generations have witnessed seismic shifts in the workplace; post-war it was the return of the soldiers and the impact on working women who had to work in their place.
In this podcast, Puja Desai interviews Kimberley Foster and discusses her experience with counselling. This is a really helpful podcast for anyone who has thought about counselling.