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Furlough Guidance Updated

The guidance for employers on the Coronavirus Job Retention Scheme was updated on 4 April 2020. The scheme allows employers to furlough staff and claim back part of their wages. The new guidance adds detail and some clarifications to the original HMRC guidance published on 26 March, but many questions remain.

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Employee Retention Scheme (Furlough Leave)

Coronavirus employee retention scheme guidance is now out. This describes the circumstances where employer applications for the furlough payments can be made. Not all questions are answered and we do not know if there will be legislation to back this up. Here’s our summary:

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The National Minimum Wage, Sleep-In Shifts and the Social Care Sector – Update on HMRC Enforcement

On 26 July 2017, HM Revenue and Customs (‘HMRC’) suspended enforcement action against employers in the social care sector in relation to the National Minimum Wage (‘NMW’)/National Living Wage (‘NLW’). This decision followed on from the decision in the Mencap case (Focus Care Agency Limited v Roberts, Frudd v The Partington Group Limited, and Royal Mencap Society v Tomlinson Blake, 2017). The decision that a care worker could be “working” whilst asleep highlighted a significant liability in the care sector, where workers traditionally have been paid a fixed sleep-in allowance, and were often paid below the NMW/NLW.

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“Sleep-ins” – a bad dream?

Sleep-ins have become a difficult and worrying problem for many social care providers in recent years. It is an issue live in current politics and one which is subject to regulatory intervention and litigation.

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