legal news

The Supreme Court Ruling on National Minimum Wage for Sleep-in Shifts – Implications for Providers (as published in Care Home Management Magazine)

On 19 March 2021, the UK Supreme Court handed down its landmark decision in the case of Royal Mencap Society v Tomlinson Blake. The case concerned payment of National Minimum Wage (NMW) for sleep-in shifts. Specifically, the calculation of time spent by care workers for the purposes of the NMW regulations. The central question to …

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Supreme Court grants permission for appeal against Mencap / ‘sleep-ins’ decision

The Supreme Court has allowed an appeal against last year’s Court of Appeal ruling on sleep in payments for care workers. The case argues that sleep-in shifts should count as working time and be paid at least hourly minimum wage rates. Last year, the Court of Appeal overturned the decision of a 2015 employment tribunal …

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Sexual Safety in Care: Considering the recent case of CQC v Hillgreen Care Limited [2018]

There has been recent media attention in relation to sexual safety of service users in care homes following the case of CQC v Hillgreen Care Limited [2018], where the provider was fined £300,000 for failing in its duty to protect service users in its care, exposing them to the risk of sexual abuse. District Judge …

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You should pay for your own care in old age if you can afford it, Conservative Voters say

Polling supports recommendations from law firm, Ridouts, who are calling for greater personal responsibility when it comes to funding social care A Censuswide survey, commissioned by Ridouts Solicitors, a leading specialist law firm in the health and social care sector, shows there is widespread support for individuals to save for the cost of their care …

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ACHIEVING A HEALTH AND SOCIAL CARE SYSTEM FIT FOR PURPOSE – A GREEN PAPER – SOLUTIONS FROM A LEADING SPECIALIST HEALTH AND SOCIAL CARE LAW FIRM

EXECUTIVE SUMMARY As a leading health and social care legal practice we recommend the following five fundamental changes to the health and social care system in England. The sector is not lacking ideas and recommendations but these need to be considered urgently by Government and policy makers. Now is the time to re-appraise some basic …

ACHIEVING A HEALTH AND SOCIAL CARE SYSTEM FIT FOR PURPOSE – A GREEN PAPER – SOLUTIONS FROM A LEADING SPECIALIST HEALTH AND SOCIAL CARE LAW FIRM Read More »

Paul Ridout expresses his concern to the Health Service Journal about CQC’s recent Tribunal success in appeal against its refusal to increase number of beds for people with learning difficulties

On 24 August 2018 the HSJ wrote: The care quality watchdog has won an appeal to stop a private care provider increasing the number of beds for people with learning disabilities. The tribunal ruling has sparked fears that investors will not want to expand or set up units for fear of them being refused registration …

Paul Ridout expresses his concern to the Health Service Journal about CQC’s recent Tribunal success in appeal against its refusal to increase number of beds for people with learning difficulties Read More »

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 »

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