The theme for this year’s World Patient Safety Day is “Health Worker Safety: A priority for Patient Safety” and whilst there are many different aspects to this in terms of both physical and psychological safety is vital to promote learning and improve patient safety.
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The recent case of Ugradar v Lancashire Care NHS Foundation Trust has highlighted that the current cap on contractual claims that can be awarded in the Employment Tribunals is outdated and capable of producing real injustice.
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In the Mencap case the Court of Appeal held that care workers undertaking sleep-in shifts are only entitled to the NMW when they are required to actually be awake
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The High Court has granted an injunction to a doctor on restricted duties, requiring the defendant NHS Trust to lift the restriction and allow him to return to full time work.
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The Court of Appeal have today confirmed that where care workers are required to 'sleep-in', the only time that counts for National Minimum Wage purposes is time when the worker is required to be awake for the purposes of working.
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In 2011 Theresa May as Home Secretary introduced a cap on skilled workers. The cap operated on an annual quota of 20,700, with a fixed number of spaces available each month for non-European Economic Area nationals sponsored under the Tier 2 (General) Visa.
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Last year, an Employment Appeal Tribunal (EAT) decision led to many workers becoming entitled to National Minimum Wage (NMW) for the whole of their shifts, including time spent asleep. This led to the government creating the Social Care Compliance Scheme (SSCS) and commissioning research into the impact of the liabilities for NMW on the social care sector.
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The Department of Health and Social Care has announced that it is commissioning further research to gauge the extent and effect of the liabilities social care providers face for underpayments of national minimum wage for sleep-in shifts.
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Part 7 of the Immigration Act 2016 will soon bring into force a “Code of Practice on the English language requirement for public sector workers”.
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The definition of ‘worker’ under the Whistleblowing legislation is already much wider than in other areas.
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