CIPP Payroll: need to know 2018-2019

With thanks to Hays Recruitment for hosting this roundtable at their Birmingham Office.

Following on from the successful Think Tank held in Nottingham in May, held as part of the CIPP response to the LPC 2018 review, this roundtable will provide members* with a valuable opportunity to meet with the Low Pay Commissioners as part of their 2018 program of visits and to discuss experiences relating to the National Minimum Wage and National Living Wage. Starting at 9.45 am with arrival and refreshments the format of the morning (finishing at 12.30 pm) will seek to provide the maximum opportunity for open free flowing discussion and debate with a focus on what is interesting and relevant to those present. It will also include a detailed discussion about the idea of a premium element for non-guaranteed work and where the current thinking is on this proposal. You may have been following the progress of the 2018 Review via the LPC Blog.

Discussion will be lead by the issues affecting members primarily but will also include:

• • • • •

Effects of the NLW and business responses Premium for non-guaranteed hours Other ideas around one-sided flexibility

Youth rates

Compliance and enforcement

*Open to full, fellow and Chartered members

CIPP comment To secure your place at this think tank roundtable, please email policy no later than noon on Monday 7 August 2018.

Many thanks

Geographical extent: UK wide

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Sleep-in –shifts and the minimum wage 7 August 2018

Further to the decision last month made by the Court of Appeal to not count sleep-in shifts as working time, HMRC is presently considering the implications of the appeal.

Backgound On Friday 13 July 2018 the Court of Appeal heard two cases (MenCap v Tomlinson-Blake and Shannon v Rampersad) - the appeal in Mencap , together with Shannon v Rampersad , which is an appeal against a decision made in 2015 in another sleep-in case. The broad issue in both these appeals is whether the entirety of the period spent on the premises under such arrangements must be taken into account in calculating an employer’s obligations under the National Minimum Wage Regulations or only such time as is spent actually performing some specific activity.

The decision made by the Court of Appeal is not to count sleep-in shifts as working time; 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.

CIPP comment At the time we highlighted that the government had introduced a new social care compliance scheme (SCCS) for providers last autumn that may have incorrectly paid workers below legal minimum wage hourly rates for sleep-in shifts.

The Chartered Institute of Payroll Professionals

Payroll: need to know

cipp.org.uk

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