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taratill
taratill, Solicitor
Category: Employment Law
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Experience:  15 years experience of advising on employment law matters
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We employ a live in Manager to run a Retirement home.

Resolved Question:

Hello,
We employ a live in Manager to run a Retirement home. There are 36 Flats, and one flat for the House Manager. The residents pay rent for this flat to the Landlord.
What is the position regarding the minimum wage, i.e does the value of the rent take her beyond the threashold of 6.70 per hour at present? Hope this is clear.
Tony
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is***** am a solicitor and I am happy to help you today. Is it a requirement of the job that she lives in the property?
Customer: replied 1 year ago.
Hello,Sorry I had to go and do something else. Yes it is a requirement of the post to live in. She has a service agreement linked to the flat, giving her sole use.Many thanksTony
Expert:  taratill replied 1 year ago.
Hi no problem, yes you can offset a certain amount of the NMW against accommodation costs. The rules are quite complicated and depend on whether the accommodation is free of charge or not. The are set out on the following web site https://www.gov.uk/national-minimum-wage-accommodation/ratesIf the accommodation is free, then you almost certainly will not have a problem. If you have any specific questions about this, please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Expert:  taratill replied 1 year ago.
Hi Tony, please do let me know if you have any further questions. Otherwise I would be extremely grateful if you would kindly take the time to rate my answer, as I am not otherwise paid for the time i have spent working on your question. Thank you and all the best.
Customer: replied 1 year ago.
The accommodation is free. There is a rent which is paid to the Landlord yearly, with no deductions. We have been told that irrespective of the accommodation being supplied, its value cannot be a reason for not paying Minimum Wage. We consider that the value of the accommodation, i.e £8100 adds value and therefore lifts the threashold. Will the link give me the answer?
Expert:  taratill replied 1 year ago.
Yes the link will tell you that you can offset £5.35 per day. I assume that with this offset you are paying at least the minimum wage at the moment. I hope that helps.
Expert:  taratill replied 1 year ago.
Hi Tony is there anything further you would like to know?
Customer: replied 1 year ago.
Yes we are paying the min now, so on a 35 hour week this equals 76p per hour. So when the new minimum arrives (7.20) they will be no need to raise the the salary level as with the allowance this then equates to £ 7.46. Yes?
Expert:  taratill replied 1 year ago.
Yes exactly that.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks
Expert:  taratill replied 1 year ago.
No problem all the best.

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