James Sage, Author at Royds Withy King Solicitors

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

Challenging CQC reports: a guide to success

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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.

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HR forum: employment status and the gig economy – a practical guide

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Gig economy

Applying the law on employment status is not straightforward and requires a detailed assessment of how someone is or will be working. Businesses need a practical understanding of how to apply the law to minimise the risks of disputes. This HR forum will provide a practical guide on issues around employment status.

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HR forum: employment status and the gig economy – a practical guide

Posted by , Partner

Gig economy

Applying the law on employment status is not straightforward and requires a detailed assessment of how someone is or will be working. Businesses need a practical understanding of how to apply the law to minimise the risks of disputes. This HR forum will provide a practical guide on issues around employment status.

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11 May 2017 0 Comments Posted in Health & Social Care, Opinion

More sleepless nights for care providers? The implications of the Mencap case on sleep-in shifts

Posted by , Partner

The recent case of Royal Mencap Society v Mrs Tomlinson-Blake (‘the Mencap case’) confirmed that sleep-in shifts in a care setting were ‘working time’ and subject to the National Minimum Wage/Living Wage.

The ruling is consistent with earlier judgments and was not unexpected. However, it was not the outcome care providers hoped for and the implications will cause significant concern to those who have not treated sleep-in shifts as working time.

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20 April 2017 0 Comments Posted in Health & Social Care, Opinion

Social care bulletin | April 2017

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Welcome to the April edition of the monthly bulletins from our Social Care team.

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27 March 2017 0 Comments Posted in Employment & HR, Factsheets

Gender pay gap reporting: are you ready?

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23 March 2017 0 Comments Posted in Health & Social Care, Opinion

BBC’s Panorama highlights homecare crisis, or does it?

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Homecare funding crisis

It is well known that the social care sector is in the midst of a funding crisis due to punishing budget cuts and stagnant fee rates. CQC has publicly stated that the sector is “at tipping point”.

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2 March 2017 0 Comments Posted in Health & Social Care, Opinion

Crack-down on service user contracts?

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The CMA (formerly the Office of Fair Trading) recently announced its intention to carry out a 12 month market study into care homes across the UK.

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Fees & funding in the care sector – could the crisis be averted?

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After six years of punishing budget cuts and stagnant or below inflation increases in local authority fee rates, the care sector is, as CQC states, “at tipping point”. If you are a provider who relies on local authority contracts, you could feel that you are at the sharp end of the funding crisis. 

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Does self-employed status pose a risk to social care providers?

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We are increasingly seeing domiciliary care and supported living providers engage workers on a ‘self-employed’ basis or via service or umbrella companies. What are the risks involved?

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CQC’s next phase of regulation

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With CQC’s consultation on the next phase of regulation within the adult social care sector, what changes can providers expect to see?

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24 November 2016 0 Comments Posted in Health & Social Care, Opinion

Autumn Statement: Will the social care crisis be averted?

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The Budget 2016

With care providers, local authorities, CQC and even the NHS all calling for the Government to increase social care funding in its Autumn Statement, Phillip Hammond’s debut statement may have left you baffled – there was not a single mention of the crisis facing the care sector!

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