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804770

registered interest
date	12/12/2017
answering body	Department of Health
answering dept id	17
answering dept short name	Health
answering dept sort name	Health
hansard heading	Care Workers: Pay
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how much is owed to social care workers for sleeping-in payments for the provision of statutory care that was commissioned by (1) government agencies, and (2) local authorities; and from what funds it is anticipated that those payments will be paid.
tabling member printed	Baroness McDonagh
uin	HL4099
answer	answer is ministerial correction date of answer 20/12/2017 answer text <p>The information requested is not held centrally.</p><p> </p><p>Social care is usually commissioned by local authorities but it can also be commissioned by the National Health Service or paid for by self-funding individuals.</p><p>A piece of market analysis was commissioned over the summer to better understand the scale of the liabilities associated with sleep-in shifts.</p><p>The Government is in the process of further refining this work to provide more robust information. The interim enforcement approach announced by the Government on 1 November is designed to maximise the prospects of workers being paid arrears owed to them as soon as possible, while at the same time protecting existing jobs. The Government recognises the pressures these liabilities are placing on providers of social care, and we are exploring options to minimise any impact on the sector.</p> answering member printed Lord O'Shaughnessy question first answered 20/12/2017 13:40:54 answering member 4545 label Biography information for Lord O'Shaughnessy
tabling member	3701 label Biography information for Baroness McDonagh

804771

registered interest
date	12/12/2017
answering body	Department for Business, Energy and Industrial Strategy
answering dept id	201
answering dept short name	Business, Energy and Industrial Strategy
answering dept sort name	Business, Energy and Industrial Strategy
hansard heading	Care Workers: Pay
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government when Ministers were notified that social care workers had been paid below the minimum wage for statutory sleeping-in care; when that information was passed on to Government agencies, including the NHS and local authorities; why social care providers were not notified earlier; and what steps they are taking to ensure such underpayments could not happen again.
tabling member printed	Baroness McDonagh
uin	HL4100
answer	answer is ministerial correction date of answer 18/12/2017 answer text <p>All businesses – irrespective of their size or business sector – are responsible for paying the correct minimum wage to their staff.</p><p>It is not uncommon for employment law to be clarified in the courts and tribunals. Employment Tribunal judgments have, over time, clarified the position on what constitutes “work” in connection with sleeping time and therefore when the NMW is payable for sleep-in shifts. Government guidance issued in February 2015 included clarification from those judgments. Ministers from BEIS and the Department of Health most recently wrote to Local Authorities on 27 October 2017 regarding payment of NMW or NLW for sleep-in shifts to ensure clarity on those rules.</p><p>The Government recognises that the cumulative financial liability of penalties and arrears of wages associated with “sleep in” shifts could pose challenges to some providers in the social care sector. It is exploring options to minimise any impact on the sector and has opened discussions with the European Commission. It also introduced the interim Social Care Compliance Scheme (SCCS) on 1 November, which gives providers in the sector 12 months in which to conduct a self-review of any arrears and then up to three months in which to re-pay workers.</p> answering member printed Lord Henley grouped question UIN HL4101 HL4102 question first answered 18/12/2017 16:59:09 answering member 2616 label Biography information for Lord Henley
tabling member	3701 label Biography information for Baroness McDonagh

804772

registered interest
date	12/12/2017
answering body	Department for Business, Energy and Industrial Strategy
answering dept id	201
answering dept short name	Business, Energy and Industrial Strategy
answering dept sort name	Business, Energy and Industrial Strategy
hansard heading	Social Services: Pay
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what advice they (1) received from HMRC, and (2) gave to local authorities, on sleeping-in payments over the last ten years.
tabling member printed	Baroness McDonagh
uin	HL4101
answer	answer is ministerial correction date of answer 18/12/2017 answer text <p>All businesses – irrespective of their size or business sector – are responsible for paying the correct minimum wage to their staff.</p><p>It is not uncommon for employment law to be clarified in the courts and tribunals. Employment Tribunal judgments have, over time, clarified the position on what constitutes “work” in connection with sleeping time and therefore when the NMW is payable for sleep-in shifts. Government guidance issued in February 2015 included clarification from those judgments. Ministers from BEIS and the Department of Health most recently wrote to Local Authorities on 27 October 2017 regarding payment of NMW or NLW for sleep-in shifts to ensure clarity on those rules.</p><p>The Government recognises that the cumulative financial liability of penalties and arrears of wages associated with “sleep in” shifts could pose challenges to some providers in the social care sector. It is exploring options to minimise any impact on the sector and has opened discussions with the European Commission. It also introduced the interim Social Care Compliance Scheme (SCCS) on 1 November, which gives providers in the sector 12 months in which to conduct a self-review of any arrears and then up to three months in which to re-pay workers.</p> answering member printed Lord Henley grouped question UIN HL4100 HL4102 question first answered 18/12/2017 16:59:09 answering member 2616 label Biography information for Lord Henley
tabling member	3701 label Biography information for Baroness McDonagh

804773

registered interest
date	12/12/2017
answering body	Department for Business, Energy and Industrial Strategy
answering dept id	201
answering dept short name	Business, Energy and Industrial Strategy
answering dept sort name	Business, Energy and Industrial Strategy
hansard heading	Social Services: Pay
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what assessment has been made of the impact on charities and other voluntary organisations providing social care of new advice on the statutory provision of sleeping-in payments.
tabling member printed	Baroness McDonagh
uin	HL4102
answer	answer is ministerial correction date of answer 18/12/2017 answer text <p>All businesses – irrespective of their size or business sector – are responsible for paying the correct minimum wage to their staff.</p><p>It is not uncommon for employment law to be clarified in the courts and tribunals. Employment Tribunal judgments have, over time, clarified the position on what constitutes “work” in connection with sleeping time and therefore when the NMW is payable for sleep-in shifts. Government guidance issued in February 2015 included clarification from those judgments. Ministers from BEIS and the Department of Health most recently wrote to Local Authorities on 27 October 2017 regarding payment of NMW or NLW for sleep-in shifts to ensure clarity on those rules.</p><p>The Government recognises that the cumulative financial liability of penalties and arrears of wages associated with “sleep in” shifts could pose challenges to some providers in the social care sector. It is exploring options to minimise any impact on the sector and has opened discussions with the European Commission. It also introduced the interim Social Care Compliance Scheme (SCCS) on 1 November, which gives providers in the sector 12 months in which to conduct a self-review of any arrears and then up to three months in which to re-pay workers.</p> answering member printed Lord Henley grouped question UIN HL4100 HL4101 question first answered 18/12/2017 16:59:09 answering member 2616 label Biography information for Lord Henley
tabling member	3701 label Biography information for Baroness McDonagh