The new thresholds will apply to all contracts let and procurements that begin after 1 January 2020.
Following the decision in the Court of Appeal last summer, (see our ebriefing) the Supreme Court has announced today, that Mencap’s leave to appeal this has been granted. Their Lordships will now deliberate on whether all time spent during sleep-ins count towards working time for the purposes of National Minimum Wage or, as the Court of Appeal decided, just time spent awake and working.
For those of us involved, be it in an advisory or operational capacity, this announcement, whilst prolonging the absence of a final answer is by no means unexpected (see our ebriefing). It was always unlikely that a matter with such huge cost implications for the care sector and significant impact for individual employees would be resolved without the Supreme Court getting to decide.
We have been informed by the Supreme Court that the hearing will not take place before October 2019, but the actual timetable is yet to be confirmed. With that in mind, we would advise care providers to take the following steps;
- Use the ongoing uncertainty caused by this in discussions with commissioners to seek to ensure that sufficient funding is provided to pay NMW for each hour of a sleep-in pending the Supreme Court’s decision;
- For those considering removing Top Ups consider whether any change should be delayed pending the decision of the Supreme Court. We recognise that commissioners funding decisions may drive decisions on Top Ups; and
- For those who have already removed Top Ups consider your risk management strategy in light of the potential for the Supreme Court to decide that every hour of a sleep-in counts.
For a case where so many people have a different view, it is difficult to second guess the results of the Supreme Court’s deliberations and predict an outcome. Our view is that the Court of Appeal rightly interpreted the wording of the NMW regulations in accordance with Parliament’s intentions when the Regulations were introduced. We would hope the Supreme Court will follow suit and leave it to parliament to consider whether the current National Minimum Wage Regulations give sufficient protection to workers carrying out sleep-ins.
We will, of course, provide any updates about the timetable for the case, but in the meantime, please do not hesitate to contact Matt Wort or another member of the employment team.
The engagement report found four key areas for improvement; key person risk, pension board management, protecting members from scams and handling employer-related risks.
Many local authorities have declared a “climate emergency”; heat networks can be a part of the solution.
The Government have announced that there will be urgent reviews leading to the discharge of wrongly detained young people.
A review conducted by the MoJ found that the costs of the OPG to supervise deputyships between 1 April 2008 and 31 March 2015 did not match the fees that the MoJ had set.
Final accounts may mark the end of the delivery phase, but risks remain that must be managed appropriately to avoid disputes.
Following a consultation earlier this year, the Regulator of Social Housing (RSH) has now published the final form of the new Rent Standard.
Following their consultation earlier this year, the Regulator of Social Housing (RSH) has now published the final form of the new Rent Standard.
We are delighted to announce the following promotions within Anthony Collins Solicitors.
Procuring organisations who have to make substantial changes to a contract during an OJEU tender process can breathe a sigh of relief.
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