covid banner

Procedure for transferring detained patients

We previously reported on the case of R(L) -v- West London Mental Health NHS Trust1. The court’s decision was appealed, and the Court of Appeal has now handed down judgment2. Facts In summary, patient L was detained at Stockton Hall, but following an…

National Minimum Wage and Sleeping Shifts

Regulation 15 of the National Minimum Wage Regulations provides that where a worker who sleeps by arrangement at or near a place of work and is provided with suitable facilities for sleeping, time during the hours they are permitted to…

Holiday Pay and Commission

In this months Enews we consider whether holiday pay should be calculated to include commission, and whether a worker is entitled to receive the National Minimum Wage where he is not required to work, but is sleeping on shift. In…

Care Certificate pilot scheme now underway

Care Certificates are intended to ensure that support workers and healthcare assistants have the required values, behaviours, competencies and skills to provide high quality, compassionate care. The standards to be covered by Care Certificate are: Understanding your role Personal development Duty of care Equality…

When a house is not a ‘home’

Apparently for the first time, the National Assistance (Assessment of Resources) Regulations 1992 (‘the Regulations’) have been subject to judicial review in the High Court of Justice. In a widely reported decision made on 10 February 2014, Mr Justice Supperstone…

Early Conciliation; All you ever wanted to know

This month’s ENews focuses on Early Conciliation. Between 6 April and 5 May 2014, the scheme is optional, however it will become mandatory with effect from 6 May 2014. Several important changes to employment law were introduced earlier this month. Early…

Section 117 Aftercare Responsibilities

The introduction of clinical commissioning groups on 1 April 2013 has led to an alteration in the responsibility for section 117 aftercare. S117 Mental Health Act 1983 (“the Act”) concerns the aftercare of patients detained under s3, 37, 45A, 47 or…