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James Sage

Partner

T: 01225 730 231 (DDI)
T: 01225 730 100
E: james.sage@roydswithyking.com

James is a partner in our Employment team and advises employers and employees on any employment law issue.
He is also head of our Social Care team and has many years’ experience advising care providers on employment law and regulatory issues, for which his work has been recognised by the Legal 500 (the clients’ guide to the best law firms) as “excellent”.



About James

James joined Royds Withy King in October 2016 from Burroughs Day in Bristol.

James has a wealth of experience advising clients on disciplinary action and dismissals, sickness absence and performance management, grievances, redundancies and business transfers. He also represents clients in bringing or defending Employment Tribunal claims, particularly in whistleblowing and sex, pregnancy/maternity discrimination cases. James also regularly provides HR and employment law training to business clients.

As head of our Social Care team, James has particular expertise in advising care providers on employment issues specific to the sector (including National Minimum Wage compliance), managing safeguarding investigations, CQC registration and compliance, fees and funding, and care specific contracts and policies. He is also regularly invited to speak at regional and national care conferences.

Work highlights

  • Advising a care provider on taking disciplinary action against an employee, dealing with a related whistleblowing investigation and making safeguarding referrals to the local authority.
  • Advice and assistance on a three phase redundancy and restructuring exercise for a large manufacturing business, without any staff appealing the decisions or pursuing Employment Tribunal claims.
  • Representing a group of over 100 workers with claims for failure to inform and consult about a business transfer and redundancies, unfair dismissal, redundancy pay and breach of contract.

Interests

Outside of work, James enjoys watching and playing rugby, learning Spanish and travelling.

I enjoy helping clients achieve the best possible outcome to their legal issue and always provide practical advice in plain English.

James Sage

Related articles

Opinion [4]
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Social Care Compliance Scheme: HMRC creates confusion

23 August 2018

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?

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

18 July 2018

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.

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

13 July 2018

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..
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Is on-call time ‘working time’?

20 April 2018

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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News [2]
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Court of Appeal tells care providers that ‘sleep-in’ shifts are not subject to the National Minimum Wage

13 July 2018

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..
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Two new partners for our Health and Social Care team

21 November 2016

Two lawyers with extensive experience of the healthcare and social care sectors have joined Royds Withy King as partners.

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Events [2]
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HR & employment law forum for care providers: robust disciplinary investigations

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

23 August 2017

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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