Home Care Workers

Lord Watts Excerpts
Monday 28th January 2019

(5 years, 3 months ago)

Lords Chamber
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Lord Henley Portrait Lord Henley
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My Lords, I did not want to comment on any individual case, but what my noble friend has said sounds completely and utterly wrong. As I have said, the law is clear. I recommend that my noble friend tells her friend to take advice from ACAS, which I hope would then recommend enforcement by HMRC.

Lord Watts Portrait Lord Watts (Lab)
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My Lords, is it not the case that the minimum wage was introduced to give an hourly wage? If that person is travelling and not being paid, does that not undermine the principle of an hourly minimum wage?

Lord Henley Portrait Lord Henley
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My Lords, the point is that the travelling time between the two jobs should be taken into account: it should be part of what is called the pay reference period. One should look at the whole pay reference period and make sure that it is compliant with the minimum wage legislation. If there is any doubt, take advice from ACAS.