FOI Request ‘Sleep-Ins’ In Social Care

Request 101001698042

Please outline the Council’s policy position on commissioned care providers’ use of ‘sleep-in’ shifts.

Please outline what steps the Council has taken to ensure providers’ compliance with the National Minimum Wage
Regulations with regard to ‘sleep-in’ shifts.

Please outline what steps the Council has taken to monitor the use of public funds disbursed to providers to ensure compliance with the National Minimum Wage regulations with regards to ‘sleep-in shifts’.

Please outline what penalties commissioned providers face if they do not use public funds disbursed for ‘sleep-in’ compliance as agreed.

If non-compliant providers on this matter have been identified, please list them below.

Please give a schedule of the relevant documents used in answering these questions.

Response 30-01-2018

There is currently no Moray Council policy position on commissioned care providers’ use of ‘sleep-in’ shifts we will be guided by HMRC and the Scottish government. Financial uplifts maybe necessary to support contracts which are in place but we will be guided by the contracted provider in relation to how they are going to change working practices to suit the new legislation and the Scottish Government.

 

Compliance with the National Minimum wage regulations are not the responsibility of the Moray Council however we will monitor compliance of social care providers through the relevant contracts and bring any issues to the attention of the provider should they arise.

 

In relation to the Sleep in shift National minimum wage legislation providers have until the 31st December 2018 to join the Social Care Compliance Scheme and those who join the scheme will not be subject to HMRC compliance until March 2019. Therefore this an evolving situation which the Moray Council will be monitoring through the appropriate contracts

 

The Moray Council has no policy on this matter and will monitor the situation.

 

None identified as none investigated

 

Guidance

‘Tell HMRC if you’ve underpaid National Minimum Wage in the social care sector’

https://www.gov.uk/guidance/tell-hmrc-if-youve-underpaid-national-minimum-wage-in-the-social-care-sector

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