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Archive for the ‘pay’ Category

Sleep-in Payments Ruling

In contracts, Employment law, pay, Uncategorized on March 23, 2021 at 9:32 am

The Supreme Court has ruled that care workers are not entitled to national minimum wage for ‘sleep-in’ shifts. This follows appeals in the cases Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad and another (T/A Clifton House Residential Home).

The court referred to a recommendation first made in 1998 by the Low Pay Commission, and accepted by the government as part of the National Minimum Wage Regulations 1999, that sleep-in workers should receive an allowance and not the NMW unless they are awake for the purposes of working. The same recommendation was also included in the National Minimum Wage Regulations 2015.

It was however made clear that this ruling only applies to shifts where an employee is expected to sleep during their shift, which the claimants in this case were.

Coronavirus – Advice for employers

In absence, Employment law, government, pay, Uncategorized on March 4, 2020 at 1:38 pm

For our most up to date information see our webpage – https://www.robbryanassociates.org.uk/2020/03/12/coronavirus/

With the government preparing for widespread cases of the coronavirus(Covid-19), employers should monitor the official advice to maintain an up to date picture of the situation and best protect the health and safety of their staff.

Where can I find the official advice?
Government list of guidance
Government advice for businesses
NHS advice
Government action plan

What can employers do to minimise the risk in the workplace?
ACAS has produced a useful guide providing practical advice to help employers protect their staff. Good hygiene is key to preventing the spread of infection.
We suggest that you print the NHS guide out and pin to your noticeboard or another prominent place. You should also issue regular memos to circulate the latest official advice.
The government guide has advice for what do if someone in the workplace falls ill with symptoms linked to the virus or is diagnosed.
Employers should prepare an action plan which is ready to be put in place should there be an outbreak of the virus at work.

Sick Pay
If an employee has coronavirus:
Your usual sickness procedure and entitlement apply.

If an employee is advised to self-isolate:
If the employee has been advised by NHS111 or a doctor to self-isolate they should inform their employer immediately. If they are given written notice they are entitled to sick pay. The latest legal advice as of yesterday is that isolation without the illness does not qualify for SSP – although many are saying it would be good practice to pay. The Trade unions and others are seeking specific emergency laws to have a sick pay fund for those who wouldn’t normally be paid – they argue without this people will be motivated to attend the workplace with symptoms.
Some employees will be able to work from home while in isolation.

Latest news update Workers to get SSP from first day off https://www.bbc.co.uk/news/uk-51738837 (NB: this is the government’s intention – we await further detail)

Working from home
At present, there is no advice for workers to avoid travel in the UK but employers may want to consider in advance what provision there may be for working at home.

Travel abroad
As and when the virus becomes widespread, in some places travel and movements are likely to be more restricted.
If travel is for business purposes, consider if the meeting could take place via video conferencing instead.
If an employee is travelling for leisure we advise you to discuss with the employee their plans and pose the question regarding returning and self-isolation. You can agree in advance that should they need to self-isolate it would be unpaid authorised absence. It’s then an elective choice to go on holiday taking a risk or to cancel.

2020 Minimum Wage Increase & Updates to Holiday Pay

In contracts, government, holiday, pay on January 16, 2020 at 10:45 am

With the Autumn Budget held back by December’s General Election, an announcement of the new minimum wage rates was made on New Year’s Eve.

National Living Wage for 25-year olds will increase from £8.21 to £8.72 representing an increase of 6.2%. The Treasury has said that the increase equated to an increase in gross annual earnings of around £930 for a full-time worker on the current minimum rate.

The new rates are recommended by the Low Pay Commission, an independent body that advises government on the national living wage and national minimum wage.

The Government has pledged to increase the National Living Wage to £10.50 by 2024 but has added a caveat allowing for economic conditions.

The changes don’t come into effect until April 2020 but with the rise being significant, businesses which pay at or near the NMW will need to budget accordingly.

The table below gives the all detail by age bracket along with the new annual salary for employees across a range of full-time hours.

Min Wage table

Chancellor Savid Javid will announce his first budget (Spring Statement) on March 11th which will contain further updates to statutory rates.

Holiday Pay
New regulations will take effect from April 2020 to ensure workers in seasonal work or with abnormal working hours receive the paid holiday to which they are entitled.

If a worker has been employed by their employer for at least 52 weeks, the holiday reference period is expanded from 12 weeks to 52 weeks. Where the employment has been for less than 52 weeks, the holiday reference period is the number of weeks for which the worker has been employed.
If you need guidance on any of the above, please get in touch with your consultant or contact the Rob Bryan Associates office: 01462 732444 www.robbryanassociates.org.uk