Oral Answers to Questions

Kevin Hollinrake Excerpts

Tuesday 7th November 2017 Commons Chamber

[Margot James]

I assure my hon. Friend that we are working very hard across Government with the Department of Health and the Department for Communities and Local Government to continue our discussions with the Treasury about possible solutions to the long-term viability of certain providers.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

I welcome the Government’s efforts to try to find a permanent solution to sleep-in shifts. The situation arose from a change in guidance following an employment tribunal in 2014. Would it not be sensible to consider revisiting the legislation in this place simply to return to the pre-tribunal position?

[Margot James]

We have made it clear that we expect all employers to pay workers according to the law, including the national minimum wage, for sleep-in duties. It is not uncommon for employment law to be clarified in the courts and tribunals, and this issue has been the subject of a number of cases. Even if we were to do as my hon. Friend suggests—we will certainly not be revisiting the legislation—it would not have any impact on workers’ eligibility for historical back-pay liabilities.