Source · Select Committees · Health and Social Care Committee
Recommendation 65
65
Rejected
New regulations needed for zero-hours contracts and travel pay for domiciliary care workers.
Conclusion
New regulations should be introduced by 2023 in which care workers initially employed on zero-hours contracts must be offered a choice of contract after three months of employment. The new regulations should state that domiciliary care workers must be paid for their time spent travelling between appointments, and that time allocated for travel and care must be clearly set out in the contracts of domiciliary care workers. (Paragraph 213) Recruitment in Social Care
Government Response Summary
The government disagrees with the recommendation for new regulations on zero-hours contracts, supporting a range of contract types and noting a commitment to introduce a right to request a more predictable contract, while also stating existing minimum wage legislation covers travel time.
Government Response
Rejected
HM Government
Rejected
The Government disagrees with this recommendation. We expect employers to engage properly and meaningfully with their workforce and representatives, and to consider the best contract for both parties. The Government is clear that businesses should always treat their workforce and partners fairly, and ensure they are fulfilling their legal responsibilities. The Government recognises the case for a range of employment models in social care, including full time, part time and zero hours contracts. With current vacancy levels in social care we are encouraging providers and local authorities to consider how their contracts help recruit and retain staff, including when it makes sense to offer more certainty on hours. However, some care workers choose to stay on a zero hours contract in order to maintain flexibility and balance work around other commitments such as childcare and study. The Government remains committed to introduce a right to request a more predictable contract and we will bring forward legislation on this when parliamentary time allows. This right will allow a qualifying worker to make an application to change their existing working pattern if it lacks predictability in terms of hours they are required to work, the times they are required to work, and / or the duration of their contract. Existing minimum wage legislation already protects a worker’s right to be paid for time spent travelling from one work assignment to another, for example where a care worker is driving from one client to another between appointments. This time is considered working time for minimum wage purposes and workers must be paid at least the minimum wage for this time. In addition, any associated expenditure incurred by a worker in respect of that travel must be reimbursed. The government takes enforcing the minimum wage seriously. We are clear that anyone entitled to be paid the minimum wage should receive it and take robust enforcement action against employers who do not pay their staff correctly. HMRC, who are responsible for minimum wage enforcement, consider all complaints from workers, conduct proactive enforcement activities and deliver educational activity to support employer compliance. Since 2015 they have ordered employers to repay £100 million to 1 million workers.