Pay and Conditions of Care & Support Workers Employed & Commissioned by the Council

Elias Motran made this Freedom of Information request to Birmingham City Council

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Dear Birmingham City Council,

I would like the following information:

1. Do you directly employ Care & Support Workers? [If NO skip to (18)]

2. Do they undertake Sleep-In work? [If NO skip to (6)]

3. Is it your policy that there are circumstances in which this constitutes 'Time Work' for the purposes of calculating National Minimum Wage? [ If NO skip to (5)]

4. What are these circumstances?

5. How was this policy decided upon, by whom (i.e. in what roles)? Please provide minutes of the meetings in which this policy was decided.

6. Do your employees undertake 'Live-In' work? [If NO skip to (10)]

7. Is it your policy that there are circumstances when they are eligible for NMW? [If NO skip to (9)]

8. What are these circumstances?

9. How was this policy decided upon, by whom (i.e. in what roles)? Please provide minutes of the meetings in which this policy was decided.

10. Do any of your employees get 'Premium Rates' at particular times or on particular days (e.g. Bank Holidays, over-time, unsocial hours etc.)? [If NO skip to(12)]

11. Under what circumstances?

12. Please provide data of 'Premium Rates' historically available to these staff; what the rates were under what circumstances and when their eligibility for these rates began and ended.

13. Please provide data of the average hourly rate of front-line Care & Support staff (not inclusive of Team Leaders or above) at this time and historically, as best as you are able.

14. Is the pay of these staff (including such things as sleep-in rates) subject to a Collective Bargaining arrangement involving unions?

15. Which unions?

16. Have you sought advice from HMRC, ACAS or the Dept. of BIS regarding any of these arrangements (with special regard to sleep-in and live-in rates)?

17. Please provide the content of these communications

18. Do you Commission other organisations to provide Care & Support services? [If NO ignore the remainder of these questions]

19. Do you contractually require these organisations to pay National Minimum Wage? [If NO skip to (24)]

20. Do your contracts define the understanding of National Minimum Wage under which the company is expected to operate (such as the circumstances in which sleep-in or live-in workers are eligible for NMW)?

21. What do you do to ensure the contract is robust (e.g. punitive clauses in the case of a breach)?

22. What do you do to monitor adherence to this contractual obligation once the service is 'live'?

23. What are your policies/procedures for handling a report of breach of contract in this regard?

24. Do you commission other organisations to carry out 'Live-In' work?

23. For this ‘Live-In’ work: any information you hold as to what proportion of the fee you pay to the contracted company is actually paid to the worker.

For any section where you have been unable to provide information please provide whatever information in that area you can, or advice and assistance as to what information may be of use, or whom may hold it.

Yours faithfully,

Elias Motran

Kulwant Ghaleigh, Birmingham City Council

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Dear Elias Motran

Please see attached an acknowledgement letter in relation to your request
under the Freedom of Information Act.

 

 

Kind regards

 

Kulwant Ghaleigh

Birmingham Public Health

PO Box 16732

Aston 

Birmingham

B2 2GF

Phone: 0121 303 4720 

Email: [1][email address]

 

Please note Thursday is my non-working day

 

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Paul Campbell, Birmingham City Council

1 Attachment

Good morning,

 

Please see attached response to your request under the Freedom of
Information Act.

 

Kind regards,

Paul Campbell

Prediction Analyst | Public Health Division
...........................................................................................................................................................................
Post: Birmingham City Council, PO Box 16732 , 10 Woodcock Street,  Zone 6,
1st Floor, Birmingham, B2 2DS
...........................................................................................................................................................................
Tel: 0121 303 9462 Email: [1][email address]
...........................................................................................................................................................................
Note Postcode for Driving Directions: B7 4BG

Any information about service users contained within this e-mail or
attachment is confidential. Please use such data only for the purpose
detailed and ensure that if you store this data it is encrypted to prevent
unauthorised access. The email is intended only for the named recipient(s)
to whom it is addressed

 

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