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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 …

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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.

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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.

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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.

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8 January 2018 0 Comments Posted in Events

HR & employment law forum for care providers: robust disciplinary investigations

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Robust disciplinary investigations, Cheltenham, 25 January 2018

Royds Withy King and First City Nursing are delighted to invite you to our HR forum for care providers. We will also be running this session in Swindon. For more information on our Swindon session and how to book please …

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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.

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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.

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23 August 2017 0 Comments Posted in Events

HR & employment law forum for care providers: managing misuse of social media

Posted by , Partner

Royds Withy King and First City Nursing are delighted to invite you to our the first in our series of HR forums for care providers. We will also be running this session in Cheltenham. For more information on our Cheltenham …

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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.

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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.

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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

Sleep-in pay crisis

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

Posted by , Partner

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

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