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

Author headshot imagePosted by , Senior Associate
Contributing authors: James Sage and Mike Thomson

The Supreme Court today (19 March 2021) gave care providers a lifeline, saying that they do not have to pay staff the National Minimum Wage when working ‘sleep-in’ shifts.

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The sleep-in pay judgment that could leave care providers with £400m bill

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Contributing authors: Mike Thomson

Sleeping

In one of the most eagerly awaited judgments for the care sector, the Supreme Court has confirmed that it will hand down its decision in Royal Mencap Society v Tomlinson-Blake (the “Mencap case”) on Friday 19 March 2021.

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CQC consultation on regulation – what does it mean for care providers?

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At the start of the year, CQC launched a consultation, entitled “Consultation on changes for flexible regulation”, which is focused on health and social care providers. So what are the implications?

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No jab, no job: striking the right balance

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Women getting vaccinated

Our recent poll found that whilst 53% of care providers had over 80% of staff vaccinated against Covid-19, 20% are operating with more than 40% of their workforce unvaccinated. In the vast majority of cases, this was due to workers being unwilling or unable to have the vaccine.

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CQC propose to change care home ratings without inspecting

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Care worker

A Care Quality Commission consultation on a new regime of regulating care providers will close on 23 March. It proposes a radical reform of care home assessments, including the prospect of changes to ratings without inspections.

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Care providers look to make Covid vaccination condition of employment, finds Royds Withy King poll

Author headshot imagePosted by , Partner

A poll by social care experts Royds Withy King reports that almost three quarters (73%) of social care providers would like to make a Covid vaccination a condition of employment for new members of staff. That condition would include exceptions for those who can’t have the vaccine on medical or other protected grounds.

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Government white paper on NHS and Social Care reform is a tentative start

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The government has published its white paper outlining proposed reform of the NHS and social care.

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Three things will make 2021 a big year for social care…

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Contributing authors: Hazel Phillips and Mei-Ling Huang

2020 has been one of the most traumatic years for the social care sector in living memory. Whilst its impact will be long felt, care providers will be looking for clarity, security and a return to normality in 2021.

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Board Briefing for social care businesses: Legal resilience for the second Covid wave

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Contributing authors: Hazel Phillips and Mei-Ling Huang

Board Briefing for the Social Care sector

It feels like a long time since March. During the first wave, care services were put under unprecedented pressures. Now that the second wave is upon us, our Health & Social Care team is providing an update on the state of play in key areas.

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Furlough Scheme extended as care sector prepares for national lockdown

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care-home

The Government has announced a new national lockdown for England from 5 November to 2 December which has led to significant changes to the employment support schemes available to employers.

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Care UK ordered to refund £1 million in fees to its residents

Author headshot imagePosted by , Solicitor

The Competition and Markets Authority (CMA) issued its final guidance on care contracts’ consumer law compliance and consumer law obligations in November 2018 (Guidance).

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Extended support for adult social care

Author headshot imagePosted by , Solicitor

Social-care

The Adult Social Care Infection Control Fund (“Fund”) was set up in May 2020 to support adult social care providers to reduce the rate of Covid-19 transmissions  – particularly relating to reducing the need for movement of staff between different sites.

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