care homes

A Landmark Ruling for Providers – Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad [2018] – workers are not working when asleep by contractual consent

The magnitude of the Court of Appeal judgment in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad [2018] EWCA Civ 164 should not be underestimated by health and social care providers. This appeal considered the issue of backdated “sleep in” liabilities and whether “sleep in” workers were entitled to the National Minimum Wage (‘NMW’) …

A Landmark Ruling for Providers – Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad [2018] – workers are not working when asleep by contractual consent Read More »

Caring for the carers: culture is crucial – As published in Caring Times

At Ridouts, we advise providers about how they can challenge draft inspection reports, Warning Notices, Notices of Proposals and Decisions – we challenge CQC’s findings; the incorrect facts; and the incorrect interpretation of facts and judgments.  In addition, we are often asked how a provider can counter what staff have told CQC during an inspection …

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Paying sleep-in staff – HMRC’s Social Care Compliance Scheme – Care Home Professional

As most people in the sector know, HMRC has been seeking to force care homes to make back-payments to sleep-in workers; those who have been paid a flat rate for night shifts rather than the hourly National Minimum Wage. This followed two Employment Appeal Tribunal cases in 2016 (Focus Care Agency Ltd v Roberts and …

Paying sleep-in staff – HMRC’s Social Care Compliance Scheme – Care Home Professional Read More »

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