United Kingdom Homecare Association
The professional association for homecare providers

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UKHCA Media Release

UKHCA responds to Tribunal ruling on National Minimum Wage and Working Time Regulations - 15/09/2020

A ruling by the Employment Tribunal, in a long-standing case relating to the National Minimum Wage Regulations and the Working Time Regulations has been decided, after it was first launched in 2016.

The case considered the matter of the calculation of how the Regulations applied to the definition of 'working time', particularly in relation to gaps in the workers' rotas.

The Tribunal found in favour of the claimants, careworkers Ms E Harris and eight others, who had delivered services through their employers to Haringey Council in north London. The careworkers' employers have agreed to make payments ranging from £850 to £17,800 each.

UKHCA has issued the following statement to The Guardian newspaper, at their request:

"United Kingdom Homecare Association (UKHCA) fully supports the payment of at least the National Minimum Wage for all hours of work, including the applicable travel time careworkers undertake between scheduled homecare visits, as defined in the law. The Association's support to employers includes the production of guidance based on the Regulations and emerging case law.

"Although the judgement in this case is not binding on other cases before the tribunals, it could change the interpretation of the law. The judgement is therefore potentially significant for homecare providers, councils, the NHS and for people who purchase their own care privately, or use a direct payment.

"UKHCA has consistently highlighted the implications of the way that homecare services are purchased by councils and the NHS, usually at extremely low hourly rates, and often calculated solely according to the number of minutes of care delivered. This judgement adds weight to the need to correct the unacceptable purchasing methods used in state-funded homecare.

"We continue to urge central and local government to address the inadequate funding of homecare services to ensure the best possible terms and conditions for the homecare workforce."

Guardian article

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