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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47914
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am considering full time care mother in her own house

Customer Question

I am considering full time care for my mother in her own house on a live in arrangement.
I propose employing 3 different individuals each working a full week in turn. I would offer
3 hour off each day and arrange suitable cover for this time.
What would be the Minimum pay I would have to pay. Would it be on a weekly basis or is there a minimum hourly rate I will have to comply with. Does the National minimum rate of pay apply.
Thanks for any advise you can give.
Peter Ellison
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello what would these people be doing when not looking after your mother
Customer: replied 1 year ago.
Complete housekeeping duties including preparation of meals. Getting up in morning, dressing. companionship,preparing for bed and attending in night for toilet etc. making sure she takes prescribed medication. Mother is 90 so requires full attention
Expert:  Ben Jones replied 1 year ago.
Whether you have to pay them the minimum wage will depend on a couple of things – first of all are they workers and secondly is the time they spend there considered working time. If they were self employed then they will not be subject to the minimum wage however you cannot just call them self employed and try to get away with it that way. Whether they are self employed will depend on how they are treated and if they were live in carers, whose work was dictated by you, rather than left for them to choose when to come in or work, then they will likely be workers, not self employed. Secondly, you will have to pay them for time which is working time. This means any time during which they are at your disposal or following your instructions. So if they have a break and are free to do whatever they want then this is not working time, but any other time when they are undertaking the task they are required to would be working time and they must be paid for it. Also, in February 2015, the government updated its guidance for employers on calculation of the national minimum wage. The guidance was expanded to deal with a number of points raised in the consultation on the consolidation regulations, including when sleeping time can count as working time. So you would have to pay them the minimum wage of £6.70 per hour for any time which amounts to working time. This is your basic legal position. I have more detailed advice for you in terms of when sleep-n time can count as working time, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. If the worker is on call (that is, "required to be available for the purposes of working" but not actually working) at or near a place of work, and is provided with suitable facilities for sleeping, time during the hours they are permitted to use those facilities for the purpose of sleeping shall be treated as working time but only when the worker is "awake for the purposes of working".
Time when the worker is asleep, or is awake for a purpose other than work, is therefore not treated as work. In cases where the employee is actually working, all of the working time must be counted.