Search articles

13 December 2018 0 Comments Posted in Health & Social Care, Opinion

Key employment law issues for pharmacies

Posted by , Partner

Pharmacy

2018 has brought a few changes in employment law which are directly relevant to pharmacy owners. More changes are still to come, with post-Brexit immigration system – which is expected to be unveiled this month – likely to affect workforce in the pharmacy and broader healthcare sector. Our Health & Social Care team brings you a roundup of the changes and steps you can take now to mitigate risks.

Read more

7 November 2018 0 Comments Posted in Health & Social Care, Opinion

Brexit immigration policy: Will it exacerbate the care sector workforce crisis?

Posted by , Partner

social care royds withy king

The Migration Advisory Committee’s (MAC) latest report makes a number of alarming recommendations for EU migration after Brexit, and if adopted by the Government will exacerbate the care sector workforce crisis.

Read more

23 August 2018 0 Comments Posted in Health & Social Care, Opinion

Social Care Compliance Scheme: HMRC creates confusion

Posted by , Partner

social care mencap royds withy king

Last month, in Royal Mencap Society-v-Tomlinson-Blake, the Court of Appeal held that ‘sleep-in’ shifts were not subject to the National Minimum Wage. The ruling, while providing welcome relief for care providers, left a few questions unanswered. One of them was how HMRC proposed to deal with providers who had joined the Social Care Compliance Scheme. HMRC has now provided further guidance, but has it brought any clarity?

Read more

18 July 2018 0 Comments Posted in Health & Social Care, Opinion

Court of Appeal in landmark ruling that sleep-in shifts are not subject to the National Minimum Wage – has the crisis been averted?

Posted by , Partner

In Royal Mencap Society-v-Tomlinson-Blake, the Court of Appeal held that ‘sleep-in’ are not subject to the National Minimum Wage (NMW).

Overturning a significant body of case-law, the Court of Appeal ruled that the National Minimum Wage is only payable when staff are awake and actually working, not when they are asleep and only available for work. In reaching its decision, the Court of Appeal relied heavily on reports by the Low Pay Commission to support its interpretation of the National Minimum Wage Regulations.

Read more

Court of Appeal tells care providers that ‘sleep-in’ shifts are not subject to the National Minimum Wage

Posted by , Partner

The Court of Appeal has today delivered care providers a lifeline, saying that they do not have to pay staff the National Minimum Wage when working ‘sleep-in’ shifts. The decision lifts an estimated £400m burden from care providers that would …

Read more

20 April 2018 0 Comments Posted in Health & Social Care, Opinion

Is on-call time ‘working time’?

Posted by , Partner

Working time

The issue of whether ‘standby’ (on-call) time is working time was recently considered by the European Court of Justice (ECJ) in the Belgian case of Ville de Nivelles v Matzak.

Read more

Sleep-in pay crisis – are you ready for the Mencap appeal decision?

Posted by , Partner

Sleep-in pay crisis

Mencap’s appeal against a finding that its sleep-in shifts are working time under the minimum wage regulations was heard by the Court of Appeal in March. The judgment was reserved but will hopefully be delivered by the end of May 2018, if not sooner.

Read more

19 March 2018 0 Comments Posted in Health & Social Care, Opinion

Dental practice sale/purchase key issues – associate agreements

Posted by , Partner

When buying or selling a dental practice, it is vital to make sure that the value and goodwill of the business is adequately protected. That’s why you should carefully consider the nature and content of the associate agreements.

Read more

1 December 2017 0 Comments Posted in Health & Social Care, Opinion

CMA calls for urgent action in the care sector – are your care contracts compliant?

Posted by , Partner

Funding reform

The Competition & Markets Authority (CMA), the consumer watchdog, published the final report of its care home market study on 30 November 2017. Two of the key themes in the report are the urgent need for funding reform and concerns about care providers using unfair contract terms.

Read more

30 November 2017 0 Comments Posted in Health & Social Care, Opinion

Sleep-in pay crisis: should you join HMRC’s new Social Care Compliance Scheme?

Posted by , Partner

Sleep-in pay crisis

The Government’s latest response to the sleep-in pay crisis is the introduction of a new Social Care Compliance Scheme (SCCS).

Under the scheme, providers who have not paid sleep-in shifts in compliance with the National Minimum Wage can self assess their non-compliance and repay workers with protection against HMRC enforcement action.

Read more

8 August 2017 0 Comments Posted in Health & Social Care, Opinion

Care home providers watch out: consumer watchdog raises concerns

Posted by , Partner

unfair contracts

At the end of last year, the Competition and Markets Authority (CMA) began a formal market study into care homes for the elderly, to review how well the market works and if people are treated fairly. The study is focused on four key areas: choice of home, regulation of the sector, competition between providers and consumer protection issues.

Read more

9 June 2017 0 Comments Posted in Health & Social Care, Opinion

Challenging CQC reports: a guide to success

Posted by , Partner

Challenging CQC reports

Since the introduction of the Fundamental Standards and Ratings System in April 2015, it is clear that the Care Quality Commission (CQC) is taking a firmer approach to inspections and regulation. Unsurprisingly we have seen a corresponding increase in the number of enquiries received from providers who wish to challenge the contents of their report. Here are my top tips on how to succeed with a challenge.

Read more

Search articles