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tabling member printed	Dr Sarah Wollaston
min answer › question first answered	2017-09-12T09:18:09.77Z
question text	To ask the Secretary of State for Business%2C Energy and Industrial Strategy%2C%09with reference to the Court of Appeal judgment on Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad made on 13 July 2018%2C what plans the Government has to bring forward proposals to ensure that overnight care is subject to the National Living Wage.

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registered interest

date

exactly:

or between:
and

answering body

answering dept id

answering dept short name

answering dept sort name

hansard heading

house id

legislature


pref label

question text

tabling member constituency

tabling member printed

uin

answer

is ministerial correction

date of answer

exactly:

or between:
and

answer text

answering member constituency

answering member printed

grouped question UIN

question first answered

answering member


label

tabling member


label

964938

registered interest

date

03/09/2018

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: Living Wage

house id

legislature

25259

pref label	House of Commons

question text

To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the Court of Appeal judgment on Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad made on 13 July 2018, what plans the Government has to bring forward proposals to ensure that overnight care is subject to the National Living Wage.

tabling member constituency

Totnes

tabling member printed

Dr Sarah Wollaston

uin

169349

answer

is ministerial correction

date of answer

11/09/2018

answer text

The Court of Appeal judgment overturns the previous interpretation of the law and means that “sleep-in” shifts, as defined by the Court of Appeal, no longer attract the National Minimum Wage. The Court of Appeal judgment applies both retrospectively and going forward. Government guidance on when “sleep-in” shifts should attract the National Minimum Wage has been updated to confirm that the Government has noted the judgment. That guidance will be updated shortly once Ministers have fully considered the implications the Court of Appeal judgment. Over the past year Ministers from across the Government have been working closely on how “sleep-in” shifts are remunerated and will continue to do so. Ministers from BEIS and the Department of Health and Social Care are liaising with local authorities and care commissioners to ensure that they have clarity on the legal position and on their responsibilities when commissioning care services. HMRC’s voluntary Social Care Compliance Scheme remains open. Employers participating on the scheme should take note of the Court of Appeal judgment and review their pay practices accordingly. HMRC officers have been in contact directly with all employers enrolled on the scheme to set out next steps.

answering member constituency

Rochester and Strood

answering member printed

Kelly Tolhurst

grouped question UIN

169350
169351
169352
169353

question first answered

11/09/2018 14:24:39

answering member

4487

label	Biography information for Kelly Tolhurst

tabling member

4073

label	Biography information for Dr Sarah Wollaston