The Independent Living Group Podcast: Recent Episodes
The Independent Living Group
Our aim is to make employment law understandable and accessible to everyone. We provide up to date advice and information for individual employers receiving direct payments or personal health budgets.
What happens if a Direct Payment recipient/individual employer lacks capacity? How is a person’s ability to manage being an employer assessed and what are the implications when a suitable person is managing on behalf of someone else? In this episode we explore these issues from an employment law and social care legislation viewpoint and look at some recent case law. For all documents and referenced links please visit https://independentlivinggroup.com/episode-9-capacity/
Whistleblowing is the term used when a worker passes on information concerning wrongdoing they have witnessed at work. In this episode we delve into whistleblowing law in the UK and consider situations where it might be relevant to individual employers in receipt of Direct Payments. For full show notes and documents please log in at https://independentlivinggroup.com/episode-8-whistleblowing/
In this episode we discuss the application of SOSR dismissals when advising individual employers with reference to some recent cases. SOSR applies when something significant has happened to warrant a dismissal, perhaps the funding body are putting pressure on the employer to part company with a PA or the relationship has broken down between the cared for person and the worker. For all attachments and show noted please visit https://independentlivinggroup.com/episode-7-some-other-substantial-reason-sosr-dismissal/
TUPE or not TUPE, that IS the question. What does TUPE mean and when does it apply to individual employers? In this episode we explore how PAs employment rights are protected when individual employers decide to stop being an employer and use an agency instead or when a DP is replaced by a service directly commissioned by a funding body. For full show notes and attachments visit https://independentlivinggroup.com/episode-6-tupe/
Rolled up holiday pay? Use it or lose it? Entitlement to leave or pay? In this episode we discuss and reflect on the rules around statutory annual leave and the recent Covid amendments. We also consider how best to calculate leave for a-typical workers and discuss the impact of the recent case law that tackled this issue head on. For full show notes including links and attachments visit https://independentlivinggroup.com/episode-5-annual-leave/
What do we mean by live in care? Does it make a difference if the PA resides permanently in the employers home? In this episode we seek to define live in care as opposed to long stay shift work and examine the relevant legal frameworks applicable to individual employers. For all documents referenced in this episode please visit https://independentlivinggroup.com/episode-4-live-in-care/
Can a PA ever be truly self-employed? What impact if any does the recent Uber judgment have for individual employers? This episode considers these questions and explores the issues they raise. For all documents referenced in this episode please visit https://independentlivinggroup.com/episode-3-employment-status/
As a result of the judgement handed down by the Supreme Court in the Mencap v Tomlinson-Blake (https://markbatesltd.us4.list-manage.com/track/click?u=fbeb53b148f88c51f8949fdba&id=5b140abf75&e=747e9f520f) sleep-in case we now know for certain that a person is not doing time work for the purposes of National Minimum Wage (NMW) unless they are awake for the purposes of working. This is the end of the road for anybody hoping the judiciary would support the position that time spent asleep at work, when you can’t leave the premises by pain of discipline, should be defined as time work for NMW purposes. This episode looks at the consequences of this judgement for Individual Employers and Direct Payment advisors.
We join a live webinar with David Ashley from Mark Bates Ltd and Rachel Harkin From ILG Support. They discussed all things COVID-19 related and its effects on individual employers. For all related documents discussed please visit https://independentlivinggroup.com/episode-1-covid-19-and-its-effects-on-individual-employers/ * Vaccination Advice Note * Roll Over Holiday Pay Advice * Updated Furlough guide