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<p>Updated Government guidance National Minimum Wage and National Living Wage: Calculating
the minimum wage was published on 8 November setting out the implications for paying
workers for sleep-in shifts following the ruling by the Court of Appeal in Royal Mencap
Society v Tomlinson-Blake and Shannon v Rampersad. The Government sent advance notice
of the publication to local government representatives. A copy of the guidance is
attached.</p><p>The Government is sending a clear message that the judgment should
not be used as an opportunity to make ad-hoc changes to the fees paid to providers.
Commissioners and providers should be working together to determine a fair rate of
pay for sleep-in shifts to fit their local labour market conditions.</p><p>The Government
has given councils access to up to £3.6 billion more, dedicated for adult social care
in 2018-19 and up to £3.9 billion for 2019-20. Overall, councils are able to increase
spending on adult social care by 9% in real terms from 2015/16 to 2019/20. The Government
encourages employers to pay more than the minimum wage wherever possible but recognises
that employers’ ability to do so will depend on a range of factors.</p>
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