Pay and Conditions of Care & Support Workers Employed & Commissioned by the Council
Dear Plymouth 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
Dear Elias
My Ref: 181441
Thank you for your request for information about the pay and conditions of care and support workers. Your request was received on 5 February 2016 and is being dealt with under the terms of the Freedom of Information Act 2000.
The Council will seek to provide the information you have requested within 20 working days, that is by 4 March 2016 and it will be provided by email or hard copy, depending how you made your request and how the information is held.
Information is usually provided free of charge but in some circumstances a fee may be payable and if that is the case I will inform you. A fees notice will be issued to you and you will be required to pay this before we proceed with your request.
Information about the Freedom of Information Act 2000 can be found on the Information Commissioners Office website: https://ico.org.uk/.
Plymouth City Council also has information available on our website:
http://www.plymouth.gov.uk/homepage/coun....
If you cannot find the information you require please contact me using the contact details below.
Yours sincerely
Hayley Stevens
Information Access Officer
T +441752398169
Dear Elias
Please find attached the response to your Freedom of Information request.
Yours sincerely
Hayley Stevens
Information Access Officer
T 01752 398169
E [email address]
www.plymouth.gov.uk
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