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NMW Regulations for Care Staff

Author : Fusco Browne Comment : 0

With as many as 1.75 million care workers in the UK, 83% of them female and 35, 000 different employers; there are lot of employment questions doing the rounds!

70% of these care workers are in the private sector and 30% are working with local councils or NHS. This important workforce is poorly remunerated in terms of earnings, working hours, rest breaks and holidays. A large chunk (9%) of the care staff is underpaid.

In circumstances where largely they are employed in private sector – home care, on call, live in conditions, the employment issues are many, unless the employer is through a credible care staff recruitment agency.

Focussing mainly on the entitlement to minimum wage, anyone defined as a worker including agency workers factor in the National Minimum Wage (NMW) regulations.

NMW regulates the care staff should be paid when they are at work even if the work is not possible, they are on work related travel during work hours, undergoing training during employment and for on-call time. 

However for care staff paid an hourly rate, or at salaried rate or measured work, a daily average hour arrangement is essential to account for paid discrepancy related to “sleeping time, rest time, break time for in house care givers. Agency Workers and at home Care Workers are expressly covered by the NMW Regulations.

It is essential that the care staffs source their candidature to employers through trusted healthcare agencies mindful of the NMW regulations.

The government in 2015, February came out with NMW regulations to repeal and re-enact the complete laws related to NMW in the UK especially for underpaid sector and care staff is expressly a part of this sector.

A good care staff agency is cognizant of the NMW regulations and other employment related laws and works in alignment with the guidelines defined by the Employment Tribunal.

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