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The National Minimum Wage, Sleep-In Shifts and the Social Care Sector – Update on HMRC Enforcement
On 26 July 2017, HM Revenue and Customs (‘HMRC’) suspended enforcement action against employers in the social care sector in relation to the National Minimum Wage (‘NMW’)/National Living Wage (‘NLW’). This decision followed on from the decision in the Mencap case (Focus Care Agency Limited v Roberts, Frudd v The Partington Group Limited, and Royal Mencap Society v Tomlinson Blake, 2017). The decision that a care worker could be “working” whilst asleep highlighted a significant liability in the care sector, where workers traditionally have been paid a fixed sleep-in allowance, and were often paid below the NMW/NLW.
Healthcare newsbrief: Winter 2017 edition now available
Welcome to the winter edition of Hempsons’ Healthcare Newsbrief. Many of you will be reading this at the NHS Providers conference where many of the issues we are writing about – from moving towards digital records to the issues around moving to an accountable care organisation – will be either discussed or on the minds of delegates...
NHS Counter Fraud Authority
On 2 November 2017 the NHS Counter Fraud Authority has launched. It is tasked to ‘lead the fight against fraud, bribery and corruption in the NHS’. The new organisation replaces NHS Protect.
Charities and Social Enterprise Newsbrief: Autumn/Winter 2017 edition now available
Welcome to the Autumn/Winter 2017 edition of Hempsons Charities and Social Enterprise newsbrief
Charity Commission updates its guidance on reporting serious incidents
In the past six months the Charity Commission has launched or concluded a number of statutory inquiries where a charity has failed to report a serious incident. Then in September it updated its guidance on when and how to report a serious incident.
Spotlight: SH:24
We spoke to Dr. Gillian Holdsworth, Managing Director of SH:24 about the background of the service, its aims, and what the future holds. Dr Holdsworth is a medically qualified public health consultant who works in population health.
Choosing a brand
We all know the key role your brand plays in building awareness of your charity with its beneficiaries and in driving engagement with donors, but how do you maximise and protect its value?
Fitness to Practise: An overview of GMC processes and common issues for independent practitioners
Due, in part, to the growing use of social media and media coverage of the healthcare profession, complaints to healthcare regulatory bodies are growing. The way in which these complaints are handled is continually evolving in order to manage the growing number of complaints.
HCPC Success
Adam Smith recently represented a social/youth worker on an application by the Health & Care Professions Council for an interim order restricting his registration.
STPs and accountable care roundup w/c 16 October
Hempsons is pleased to bring you the latest in its series of news updates on STPs and accountable care.
Can an Investigation be Too Thorough?
In NHS 24 v Pillar the Employment Appeal Tribunal (“EAT”) has overturned a Tribunal’s decision that a disciplinary investigation was too thorough and it was unfair to include details of prior incidents which had not resulted in disciplinary action.
Simon Eastwood successfully defends coach
Simon Eastwood, instructing Mary O’Rourke QC and Daniel Glover of Old Square Chambers, acted for an individual who faced an appeal by the national governing body of their sport.
“Sleep-ins” – a bad dream?
Sleep-ins have become a difficult and worrying problem for many social care providers in recent years. It is an issue live in current politics and one which is subject to regulatory intervention and litigation.
The changing landscape of health and social care
Next Steps on the Five Year Forward View (March 2017) sets out plans for the transition of the NHS to population-based integrated health systems. This will be achieved by the evolution of Sustainability and Transformation Partnerships (STPs) into ‘accountable care’ models. So what is accountable care, what will it look like in the NHS and how will it affect smaller providers such as charities and social enterprises?