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Sleep-ins – should they form a part of the National Minimum Wage calculation?

The long awaited appeal by Mencap has now been considered by the Employment Appeal Tribunal (EAT). This appeal is based on the way care is provided, predominantly in the social care sector but also has an impact on healthcare providers too. In recognition of the importance to the sector, this appeal was heard by Mrs Justice Simler, the President of the EAT, and brought together three separate appeals. Mencap operate their sleep-ins in common with most social care providers and pay a mostly flat rate sleep-in payment. They were unsuccessful in arguing that the hours during sleep-in shifts were not to be taken into account in calculating the National Minimum Wage.

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January/February 2017 Procurement Roundup

We would like to make you aware of several new legal developments that have emerged during the first couple of months of 2017. If you would like to discuss any of these matters with Hempsons’ dedicated procurement team in more detail, please don’t hesitate to contact us.

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