David Ashley

Sato

15 May 2023  |  Season 2  |  1 hr 5 mins

direct payments, ilg, individual employer, personal assistant, personal health budget

Sato employed a team of PAs to support her late husband Lawrence who had a Personal Health Budget from the NHS. She lives in Southwest London. Sato has been an influential member of the ILG Community Steering group since its inception, despite playing down her involvement at any given opportunity!

Capacity

27 August 2021  |  Season 1  |  34 mins 22 secs

capacity, direct payments, health budget. independent living, individual employer

What happens if a Direct Payment recipient/individual employer lacks capacity? How is a person’s ability to manage being an employer assessed and what are the implications when a suitable person is managing on behalf of someone else?

Whistleblowing

11 August 2021  |  Season 1  |  18 mins 21 secs

direct payments, health budgets, independent living, individual employers, whistleblowing

Whistleblowing is the term used when a worker passes on information concerning wrongdoing they have witnessed at work.

In this episode we delve into whistleblowing law in the UK and consider situations where it might be relevant to individual employers in receipt of Direct Payments.

Some Other Substantial Reason (SOSR) Dismissal

13 July 2021  |  Season 1  |  29 mins 34 secs

employment law, individual employer, sosr

In this episode we discuss the application of SOSR dismissals when advising individual employers with reference to some recent cases.

SOSR applies when something significant has happened to warrant a dismissal, perhaps the funding body are putting pressure on the employer to part company with a PA or the relationship has broken down between the cared for person and the worker.

TUPE

29 June 2021  |  Season 1  |  30 mins 46 secs

independent living, individual employer, tupe

TUPE or not TUPE, that IS the question. What does TUPE mean and when does it apply to individual employers?

Annual Leave

15 June 2021  |  Season 1  |  35 mins 23 secs

annual leave, direct payments, employment law, independent living

Rolled up holiday pay? Use it or lose it? Entitlement to leave or pay? In this episode we discuss and reflect on the rules around statutory annual leave and the recent Covid amendments.

Live In Care

1 June 2021  |  Season 1  |  37 mins 47 secs

What do we mean by live in care? Does it make a difference if the PA resides permanently in the employers home? In this episode we seek to define live in care as opposed to long stay shift work and examine the relevant legal frameworks applicable to individual employers.

Employment Status

18 May 2021  |  Season 1  |  37 mins 42 secs

direct payments, employment, health budget, individual employer

Can a PA ever be truly self-employed? What impact if any does the recent Uber judgment have for individual employers? This episode considers these questions and explores the issues they raise.

Reflections On The Sleep In Judgement

1 April 2021  |  Season 1  |  33 mins 49 secs

carers, direct payments, independent living, individual employers, pa, sleep in shifts

As a result of the judgement handed down by the Supreme Court in the Mencap v Tomlinson-Blake sleep-in case we now know for certain that a person is not doing time work for the purposes of National Minimum Wage (NMW) unless they are awake for the purposes of working.

COVID-19 And Its Effects On Individual Employers

12 March 2021  |  Season 1  |  47 mins 30 secs

covid, direct payments, individual employers

We discuss vaccines, Furlough and how to get your PAs back to work.