National Living Wage and Sleep-ins Adam Penwarden Director of Communications – Lifeways Group
I wouldn’t start from here if I were you…
I wouldn’t start from here if I were you… A case being heard in the Court of Appeal, which may end up at the S upreme Court.
I wouldn’t start from here if I were you… Thousands of staff not knowing if they will have been paid correctly. 100,000s of people we support and their families not knowing if they will have any support in the future Thousands of Personal Budget holders facing large liabilities.
I wouldn’t start from here if I were you… A Judicial Review being heard in the Admin Court against HMRC S ix government departments and one Executive Agency involved A sector that has weathered seven years of famine facing an existential crisis Deloittes, Trowers and Hamlin's, Cordis Bright, Laingbuisson undertaking four separate research proj ects
I wouldn’t start from here if I were you… Local Authorities unable to tender new services, nor able to afford to commission existing services The BBC, The Guardian and the Daily Mail all covering the story The S ecretary of S tate for Health and S ocial Care taking to Cabinet a proposed solution.
To begin at the beginning… NMW Regulations 1999 15.— (1) In addition to time when a worker is working, time work includes time when a worker is available at or near a place of work, other than his home, for the purpose of doing time work and is required to be available for such work…
To begin at the beginning… except t hat , in relation to a worker who by arrangement sleeps at or near a place of work, time during the hours he is permitted to sleep shall only be treated as being time work when the worker is awake for the purpose of working.
What if… Time spent asleep had always counted towards NMW/ NLW Government had grasped the nettle much earlier “ A cloud no larger than a man’ s hand… ”
What next? MENCAP case Three possible outcomes Court of Appeal agrees with MENCAP Court of Appeal disagrees with MENCAP Court of Appeal neither agrees nor disagrees with MENCAP In all three scenarios, Government has to act.
What next? Once the MENCAP case his heard, the pace will quicken We are coming towards the end game… Ministers and Officials know that this can can’ t be kicked down the road much more. Allied Healthcare
What next? S ocial Care Compliance S cheme 600+ organisations in the S CCS Liabilities crystalize this financial year. Organisations making decisions now.
What have we learned? Events dear boy, events…
What have we learned? There is very little political space in which we can operate. Brexit. Future Of The NHS The Parallel Programme of Work
What have we learned? Courts taking a stronger line on Time Work S leep-Ins may not be the final chapter… Live-In Care? UBER for social care? Taylor report
What have we learned? Night support is going to look very different in the future Highly unlikely that the existing model will survive Need to work together (Co-Production) to come up with new ways of supporting people
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