Home Care Services

(asked on 20th April 2021) - View Source

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what steps he plans to take against domiciliary care companies that do not meet their contractual obligations in paying their staff or pension contributions on time.


Answered by
Helen Whately Portrait
Helen Whately
Shadow Secretary of State for Work and Pensions
This question was answered on 27th April 2021

The vast majority of care workers are employed by private sector providers who set their pay and conditions, independent of central Government. However, we do expect all employers to meet their legal and contractual obligations. The law requires employers to enrol all eligible workers into a qualifying workplace pension scheme and make at least a minimum contribution to their pension. The Pensions Regulator is responsible for maximising employer compliance.

There is statutory protection for workers against unlawful deductions from wages, including complete non-payment. Workers who believe that unlawful deductions have been made from their wages may complain to an employment tribunal. Non-payment of wages is also likely to constitute a breach of contract and employees may be entitled to make a breach of contract claim through the civil courts or, if the employment has ended, the employment tribunals.

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