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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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Relaxed immigration rules for migrant doctors and nurses: a boost to the NHS and care sector?

Posted by , Solicitor

Passport

The skills shortage hitting the NHS has triggered a relaxation of some immigration rules for doctors and nurses coming to the UK to work. The changes which will come into effect on 6 July 2018 will also affect migrant doctors and nurses in the private sector. This is welcome news for care providers with nursing care services as there is a significant shortage of nurses in the sector.

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Capacity Assessments – do you really understand what’s involved?

Posted by , Associate

‘I am not sure if they have capacity to make that decision?’ Have you ever thought that about a service user? If you were concerned about a service user’s mental capacity to make a decision do you feel confident about what steps you would need to take? Do you know what components are necessary to make an assessment meaningful?

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CMA propose sweeping changes to service user contracts

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Hazel Phillips in our Health & Social Care team provides an update on CMA guidance on how care providers should comply with consumer legislation in respect of service user contracts.

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Healthcare providers and GDPR: are you ready?

Posted by , Associate

25 May is nearly upon us, and there are only 3 working days left for you to finalise your preparations for GDPR, which will affect all businesses, including organisations in the health and social care sector. But what are the key points that you should be thinking about if you are in the care sector?

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New regulations in Wales on use of zero hours contracts

Posted by , Associate

Zero hours contracts

New regulations and statutory guidance which came into force in Wales on 2 April 2018 are set to impact on providers of domiciliary care by introducing new requirements to ensure fair treatment of their workers.

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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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GDPR guidance for community pharmacies

Posted by , Senior Associate

The Pharmaceutical Services Negotiating Committee has published a series of guidance documents to assist community pharmacy contractors in attaining General Data Protection Regulation (GDPR) compliance.

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Cross subsidisation in care homes – Government response

Posted by , Senior Associate

More than half of care home places in the UK are comprised by local authority-funded residents. However, due to many factors, not least the negotiating power of local authorities and the squeeze on their finances, it is thought that local authority fees are provided near to or at cost for care home providers. Therefore, in order to make this a viable financial model, some care home providers will charge self-funding clients more than their local authority equivalents, which is known as “cross-subsidisation”.

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Government announces 7 pillars of social care

Posted by , Associate

In his first speech since taking responsibility for social care reform at the start of the year, Jeremy Hunt has outlined the 7 key principles that will guide the Government’s thinking ahead of the social care Green Paper which is to be published later in 2018.
In this blog, we examine the principles and what these might look like for social care providers.

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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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