Social care employers will be able to opt into the new
Social Care Compliance Scheme (SCCS), giving them up to a
year to identify what they owe to workers, supported by
advice from HM Revenue and Customs (HMRC). Employers who
identify arrears at the end of the self-review period
will have up to three months to pay workers.
The government is committed to creating an economy that
works for everyone, and ensuring workers are paid fairly
according to the law. The scheme has been designed to
help ensure workers are paid what they are owed, while
also maintaining important services for people who access
social care.
HMRC will write to
social care employers who currently have a complaint
against them for allegedly underpaying minimum wage rates
for sleep-in shifts to encourage them to sign up to the
scheme. Employers that choose not to opt into the scheme
will be subject to HMRC’s normal enforcement
approach.
The government is exploring options to minimise any
impact on the sector. The government has opened
discussions with the European Commission to determine
whether any support, if deemed necessary, would be
subject to EU state aid rules.
Earlier this year the government waived further penalties
for sleep-in shifts underpayment arising before 26 July
2017. This was in response to concerns over the combined
impact which financial penalties and arrears of wages
could have on the stability and long-term viability of
social care providers. Enforcement action for sleep-in
shifts in the social care sector was temporarily
suspended between 26 July and 1 November 2017.
Government reiterated again today its expectation that
all employers pay their workers according to the law,
including for sleep-in shifts, as set out in guidance
entitled Calculating the
minimum wage.
Read the updated on guidance sleep-in shifts
here: National minimum
wage law: enforcement.
