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Council and their contractor sued over alleged national minimum wage breach

16 September 2016 #Employment


Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.

In the news this week it was announced that seventeen homeworkers are to sue both Sevacare and Haringey Borough Council over an alleged failure to pay national minimum wage.

It has been reported in the media that the Council’s contractors, Sevacare, paid some of its live-in care workers only £3.27 an hour, a far cry from the previous national minimum wage rate of £6.70 and even further from the national living wage of £7.20 an hour as introduced earlier this year. Although not directly paying the workers themselves, as the body responsible for commissioning the care, Haringey Borough Council are also facing legal claims.

Sevacare denies the claims on the basis that some hours to which the workers refer were not working time and maintains that, on average, the workers’ pay exceeds the national minimums. 

This will no doubt spark discussion on the often blurry lines between working time and personal time and it will be an interesting one to watch.   In the meantime, it is a reminder to employers to ensure they are aware of their obligations and ensure both they and any contractors commissioning work on their behalf pay workers in accordance with the applicable national minimum wage or national living wage rates.

For further information or support with Working Time Regulations or complying with National Minimum Wage requirements, please contact our employment law team on employment@clarkslegal.com 

For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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Russell  Dann

Russell Dann
Solicitor

E: rdann@clarkslegal.com
T: 0118 960 4653
M: 0792 014 4165

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