Employment law

UPDATE: Statement on Scrapping Vaccination as a Condition of Deployment

On 31 January 2022 the Secretary of State for Health and Social Care, Sajid Javid, made a statement that “it is no longer proportionate to require Vaccination as a Condition of Deployment through statute.” Policy Review Sajid Javid acknowledges that, in December 2021, he argued that the weight of clinical evidence in favour of Vaccination …

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Dismissal and Vaccination – Allette v Scarsdale Grange Nursing Home Limited

An Employment Tribunal has determined that a Care Assistant, Ms C Allette (“Allette”), was fairly dismissed from a nursing home following her refusal to be vaccinated against COVID-19. Allette had been employed by Scarsdale Grange Nursing Home Limited (“Scarsdale Grange”) for 14 years as a Care Assistant in its 52 bedded nursing home which provides …

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Mencap and UNISON seek urgent reform of minimum wage legislation affecting ‘sleep-in’ shifts

Last month the Supreme Court ruled that care providers do not have to pay staff the National Minimum Wage when working ‘sleep-in’ shifts. Reports of the Low Pay Commission (“LPC’) were considered in great detail by the Supreme Court. Both Mencap and UNISON, who were on opposing sides during the case, are now calling upon …

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2020 Vision: What’s on the horizon for health and social care providers?

It’s going to be a year of change and development in the health and social care sector. So what should providers look out for and how will these changes impact their businesses? CQC report on restraint and segregation In May 2019 CQC published its interim report on the review of restraint, seclusion and segregation across …

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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 »

Court of Appeal overturns £400m sleep-in shift ruling in favour of Mencap

The Court of Appeal has reversed an Employment Tribunal judgment which could have cost the care sector £400m in back pay to staff. The ruling relates to social care workers who had been paid a flat rate for shifts where they slept in a patient’s house or at a care home to provide support if necessary, known …

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‘Working or not working?’ – that is the question

The last few months have seen continued developments in the vexed question of payment for ‘sleeping rights’. We expressed doubts as to whether the issue was, really, still alive. We were wrong. A decision from the Employment Appeal Tribunal (the EAT) and vacillation from Her Majesty’s Revenue & Customs (HMRC) have left the matter quite …

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HSJ Channel: Employers beware: Whistleblowing protection even more powerful

The judgment handed down in April 2015, by the Employment Appeal Tribunal in the case of Chestertons v Nurmohamed [UKEAT/0335/14/DM], has clarified the meaning of a qualifying disclosure being made in the reasonable belief that it is in the public interest i.e the statutory requirement an employee must satisfy to benefit from whistleblower protection. Background …

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