Effective Strategies & Key Points for Module 1 Assignment 2 Discussion Sample

Introduction:Tutorial Plan For Discussion Of Module 1 Assignment 2

The importance of NMW for the labor laws, the economic and financial policies, and the struggle against poverty and inequality is vital for consideration.It is created for the purpose of the assurance that salaries of workers, including those of workers who are employed on a temporary basis, are no less than a minimal wage, which is very important to ensure the provision of an adequate standard of living and poverty reduction.Nevertheless, the acceptance and results of the NMW are not straightforward but the complexity and limitations associated around the coverage, compliance and enforcement, employment and economic effect, social standard, international dimensions, dynamic adjustment of economic changes and equality and fairness concerns still restricts its operation.
NMW's universal coverage, which includes employees in a part-time, full-time, temporary or agency work position, has some positive and negative effects alike.

1.The main legal issues raised are:

Scope and Coverage of NMW

The National Minimum Wage (NMW) is a legislative base agreement that aims to ensure that all workers are guaranteed a minimum pay in order to prevent high levels of poverty and to provide for a minimum standard. The salient factor that makes the NMW effective is its extent and coverage, that is, it encompasses a broad spectrum of work such as part-time, full-time, temporary, and agency work. Even though the NMW is mainly characterized by its wide scope of applicability, it still faces a number of challenges, e.g. specifying exemption criteria for independent contractors and unpaid interns, which in turn may result in the gap in the coverage of the most vulnerable sectors of the workforce.

Compliance and Enforcement

The mechanisms put in place for the effectiveness of NMW cannot be complete without adequate enforcement where government agencies do the on-the-spot checks to monitor compliance, investigate cases of breaches, and impose levies on non-compliant employers. But, due to resource limitations and the complexity of labor markets, the effectiveness of such mechanisms can also be affected. Also due to fear of retaliation, workers reluctantly report violations. This underlines the need for an effective system of penalties and incentives so that the workers report on the violations.

Impact on Employment and Economy

The effect that the NMW has on the employment and the economy is still being discussed in the context of the long-lasting debate. Critics feel that setting wages too high might mean job cuts, particularly for low skilled positions, as companies may reduce the workforce so as to lower costs. On the other hand, proponents argue that the NMW can spur economic growth by increasing the purchasing power of the low-wage workers, thus, the job creation can be made possible and reduced inequality among income is achieved. Empirical data shows that those effects are normally small, and increase especially if NMW is set at a reasonable level proportional to the median wage.

Comparison with Living Wage Concepts

Comparing the NMW with the living wage idea, this proffers a wider debate on wage adequacy, as well as the role of wage in determining an acceptable standard of living. The living wage commonly exceeds NMW figure since it is determined by the cost of living and provides enough to cover basic needs like housing, food and health care. The comparison shows that NMW, in its current trajectory, may not be as efficient as it is portrayed and reveals that living wage has become an equity measure for some employers which leads to the building of their brand equity.

International Perspectives and Comparisons

Despite the substantial dissimilarities in the methods and results of the National Minimum Wage (NMW) policies of different countries, these observations prove very helpful in the investigation of the global labour market realities. In some countries, minimum wages are relatively high and adjustment to inflation turns out to be very important, and in others, this rate is lower, there are no statutory regulations at all, and the wages determined by collective contracts for certain sectors are established instead. The international comparisons show that the underlying interaction of NMW policies and unemployment rates, poverty levels, and overall economic performance is quite complex. On the contrary, countries like Australia and the Netherlands are among the top ranking in terms of high minimum wages as well as having strong social safety nets and low unemployment rates, which make the issue of high minimum wages having an indirect impact on job losses seem not inevitable. This way of comparison is illustrates of the role of contextual factors like the structure of an economic market, social policies, unions, etc. in finding out the effect of NMW.

Updates and Adjustments

The fast-changing nature of economies would require frequent updating and adjustment to the NMW so that it stays current and effective in the eyes of workers who should be getting a living wage. These adjustments are made on the basis of diverse methodologies as some countries have chosen to use inflation, cost of living or average wage growth as criteria for the increases, while others use expert commissions or the government for the periodic reviews. This is the key process in assuring the purchasing power of the NMW to be alive and to keep it fulfilling its aim to combat poverty and inequality. Yet they (adjustments) are the political debate topic, with diverse opinions on how to use the course of economic growth, competitiveness and workers' rights.

Discrimination and Equality Issues

The NMW poses a great risk of discrimination and inequality against the workforce. The best case scenario is that it is a device that allows to dampen wage disparities between genders, minority and juvenile or disabled workers. Still, the picture turns out to be more complicated, at least in those sector, where those categories of employees are more in demand, when average wages increase. In addition, the NMW does not solely resolve wage discrimination issues, but the root cause can originate from other sources such as inequality in access to education, training, and career advancement. This shows the need for complementary policies such as those for education, job training as well as anti-bias measures that would guarantee that the NMW works towards inequality and social justice goals as a whole.

Legal Challenges and Debates

The implementation and readjustment of the NMW are usually covered by a bunch of lawsuits and hot discussions. Employers, maybe especially from the sectors with a thin margin of profitability, can reason that a high minimum wage endangers the sustainability of business and job creation. While labour unions and worker advocacy groups mostly demand for higher rates, they claim that NMW should provide sufficient to ensure a decent standard of living. Legal debates spawn around the categorization of employment types, due to the increase in the rise of the gig economy which makes the definitions of employment types doubtful and consequently the application of minimum wage laws. These debates are thus carried on all the way through the courts, with decisions on the classification of workers in some cases as employees and in others as independent contractors having major effects on the applicability and implementation of the minimum wage laws. Moreover, there are continuing debates over the constitutional powers of governments to impose pay levels, some commentators considering it as a encroachment to free-market principles while others as a nonsensical intervention to protect labour regardless of their working conditions.

2.Specific courses and other materials useful in identifying and analysing those issues:

a.Course documents

a.Course Documents

Lecture Notes and Slides: They usually consist of highlights of the main notions, theories, and practice testimonials from NMW, including the historical evolution, the grounds to support the theory, and the results of the empirical studies that prove its effectiveness. These may provide an explanation of the genesis of the issue and help to a better understanding of the subject matter, thus they can be very useful to a better understanding of the subject of the NMW.

Required Reading Lists: The lists can take the students to the books, journal articles, and reports that have dealt with the living wage in a comprehensive manner. Some of these resources could be the pioneer works in the labor economics literature, legal analysis of minimum wage legislation, and comparative studies across different jurisdictions.

Module Handbooks or Syllabi: These present the students the structure of the course and provide an overall view of where the NMW fits into the broader discussions about labor law, economic policy, and social justice. A guidebook even at times states learning objectives that can be tied to the NMW, for example its legal basis, effect on the economy and social implications.

Case Studies: In the situation where the NMW was contested, brought in, or modified, the role of the actors and the processes involved become more apparent and can be clearly seen. This could be court verdicts on the applicability of NMW to the various types of workers, reports of the work impact in various areas, or policy adjustments evaluation during the economic changes.

Research Projects and Papers: Besides, the NMW can provide students with the previous works of their former fellows that can answer many questions on the topic from academia point of view. These projects may consider the impact data on the NMW, debate about raising or reducing the NMW and can study statistics from different countries’ NMW policies.

Discussion Forum Posts and Responses: In many course there is a use of the online platform for facilitating the student discussions. Posts related to the NMW can unearth widespread attitudes, most frequent questions and diverse views of the subject which then can be consolidated with peers in the process of knowledge refinement.

Guest Lecture Recordings: The subject of guest lectures from abroad on labor law, economics or social policy can record the point of view of authoritative sources about the NMW. Subject matter experts could comment on recent studies, policies, or ongoing arguments, thereby providing current information about the subject.

Synthesize Information

To get a well-rounded comprehension of the NMW, you should include the core knowledge from academic and practical resources. This involves:

Linking Theory to Practice: Examine the correlation between theoretical frameworks in the area of labour economics, wage policy, and social justice with real-world findings and implementations of MW. In such a way, economic theories can indicate some outcomes of the NMW on employment levels, which then should be compared with the data from the regions where any changes in minimum wage laws had already taken place.

Cross-disciplinary Integration: Economic, legal, and social policy issues are tied to the NMW topic. Compare and contrast teachings from these disciplines to the multifaceted way of the NMW. Legal documents reveal the mandate and enforcement mechanisms, economic analysis offers empirical evidence, and social policy studies discuss the relevance to poverty and inequality.

Case Studies and Examples: Study the applicability of various NMW adjustments and debates to particular cases in order to grasp how each principle features in different settings. This might reflect on practical difficulties and successes for the NMW policies implementation for example: the role of political situations, lobbying by the stakeholders and economic conditions.

Critical Analysis

Engage with the materials in a way that questions assumptions and evaluates evidence critically: Engage with the materials in a way that questions assumptions and evaluates evidence critically:

Assessing Arguments: Identify the main points that support and refute the minimum wage and observe the reasons provided by each side. Critically examine this evidence by exploring the sources, methodology of the studies being referred to, and biases.

Identifying Biases and Assumptions: Be cognizant of the basic ideas in the many sources of information. For example, economic models may postulate rational behaviour in the case of such perfect competition, which, however, might not mirror the reality of labour markets.

Evaluating Impacts: It is imperative to look at the indicators used to assess the impact, the context of the study, and the period of time in which the data are collected when weighing the reports on the NMW’s impact. The critical perspective will allow you to understand the intricacy of evidence-based policy effects and the reach of even the most advanced empirical studies.

b.Relevant legislation

National Minimum Wage (NMW)

Legislative Foundation: Under specific laws, the NMW is mandated, and prescribes the minimum hourly rate that the workers must get. These types of laws most commonly obtain rates according to age groups and types of jobs which is expected to have a tiered approach to minimum wage standards.

Rate Updates: Policy usually consists of rules which are expected to adjust NMW rates which may refer to economic indicators, cost of living adjustments, or decisions by wage boards or other analogous bodies. Comprehension of these mechanisms is vital to the assessment of how the low pay keeps up with economic shifts.

Compliance and Enforcement: Legislation that deals with relevant issues clearly states the responsibilities of employers as far as the NMW and the powers of the enforcement agencies are concerned. This includes the retention services, the power to investigate and the procedure for workers to lodge complaints. In addition, the law sets the penalties for non-compliance which include fines and even criminal charges under the worst circumstances.

National Living Wage (NLW)

Definition and Purpose: Usually, the NLW is the wager for those workers of a certain age which is higher than the minimum wage. This wage guarantees the workers to live a life that is above the basic minimum. The law specifying the NLW is concerned with the rates of this wage, workers' eligibility, and the reasons why the NLW and the NLW differ.

Implementation Mechanism: Legislation sets out a phased approach to implementing the NLW, with the targets for increasing it over the time period specified. Such plans are an essential part of giving an analysis of how serious the government is about improving the living standards of poor people.

Integration with Other Laws: The NLW law does not exist in the absence of other labour laws, taxation regulations or social welfare policies’ implementations. In order to perform an in-depth analysis, one needs to examine how these legal frameworks combined, affect workers’ final income and labour rights.

The analysis of the National Minimum Wage (NMW) and National Living Wage (NLW) rate changes over the years from April 2017 to the proposed rates for April 2024 shows varying trends in percentage changes across different age groups and categories.The analysis of the National Minimum Wage (NMW) and National Living Wage (NLW) rate changes over the years from April 2017 to the proposed rates for April 2024 shows varying trends in percentage changes across different age groups and categories:

25 and over: This group reflect a recurring decline in the rate of change, from a -5.85% decrease between 2017-2018 and 2019-2020, which were gradually replaced by smaller decreases in the subsequent years. This shows a slowing rate of increment for these age groups until they were put in the "23+ Years Old" category.

23 and over: The rate of change decreases significantly over the years, detected to -8.83% from 2021-2022 to 2022-2023, the period when the wage rate of this category was increased at the fastest pace before the position was transitioned to "21 and over" in 2024.

21 to 24 / 21 to 22: Among the closest edged categories saw the lowest rates of change with the "21 to 22" age group experiencing -9.82% in the change between the period of 2021-2022 and 2022-2023, which implies that there was high struggle of younger workers to the wage rate as the policies grew.

18 to 20: Between the years of 2021-2022 to 2022-2023, there have been periods of mild changes in the group as well as even a major decrease of -20.58%. However, in 2024, the period will have a hefty rise of 14.82%. So there is a policy change for hiking the wages of young workers.

Under 18: As with the “18 to 20” category, "21-year-olds" will have a major jump of 21.21% for 2024, this follows years of slower growth and a big drop (-24.84%) during the two years of 2022 to 2023. The accentuation of wages directed mainly towards the youngest employees can be interpreted as brain drain repression.

Apprentice: Apprentices will also be facing a major rate escalation that is set at 21.21% in 2024, a trend of less and more moderate increases in recent years. This is a step to attain rational wage levels for the apprentices in parallel with other pay categories while at the same time, appreciating the specific nature of apprenticeships.

c.Case law arising

In our opinion, Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad & Another (T/A Clifton House Residential Home) [2021] UKSC 8 case (‘Mencap’) is a landmark in the evolution of the NMW law in the UK. The case discusses the right of workers in care services having shift-waking responsibilities to the NMW throughout their shifts, including the times when they are allowed to sleep.

Background and Legal Context

The UK’s National Minimum Wage Act 1998 has defined the legal minimum wage for the country, and the pragmatic details of this law are set out in the National Minimum Wage Regulations 2015. Through these regulations, the NMW is made more intelligible as to the working situations it covers including what constitutes duty for the purpose of calculating the NMW. This is particularly important in the care sector, where the sleep-in shifts and other technical variations are prevalent.

The Case

The topic common for both cases of Tomlinson-Blake and Shannon v Rampersad is the matter of whether care providers have the right to NMW for the entire duration of their shift or only for the time they are awake and actually working.

Tomlinson-Blake involved a care worker who was normally expected to be awake and doing daytime care on-duty sleep-in shifts and argued that she should be paid the NMW for the full shift, not just when she was awake and providing care. The appellant in Shannon v Rampersad also occupied the same circumstances in which his NMW grossed for the whole period of the sleep-in shift he performed at a residential care home.

The Supreme Court citing the previous British Nurse Nursing Association v The Inland Revenue case [2002] stated that sleep-in workers are eligible for NMW only if their job involve work specific tasks during the shifts. In the British Nursing Association case workers were considered as on duty during the periods when they were permitted to sleep as they had to be on readiness to work when need be.

The Decision

The Supreme Court held against appellants in Mencap and it decided that care workers were not entitled to the NMW throughout the sleep-ins but for just the time they were awake for the purpose of work. The decision to divide the work available to the person from having to physically work was based on an interpretation under the National Minimum Wage Regulations which separates the person from being "available for work" and "work being done."

Implications

This decision has profound implications for care workers and employers in the care sector: This decision has profound implications for care workers and employers in the care sector:

For Care Workers: The ruling, in turn, was perceived as a blow to the industry as a whole, highlighting the formal division between showing up for work and actually performing workload. A number of care workers in combination with their supporters denounced this measure since they believed it underestimates their value, especially considering their critical role during the pandemic.

For Employers: The judgment defined the regularity of payments for sleep shifts, which is likely to lessen the economic pressure on the sector, but also fuel concerns about pay levels in the care sector.

Analysis

The Mencap decision is a finishing point, which represents the complexity of the NMW regulations and difficulty of applying the traditional employment law concepts to the flexible working practices. It brings up an important aspect of the employment law which points to the fact that legal definitions and the real-world situations of such kinds of the work may not match, and the outcomes might seem to overturn the value of essential but low-paid workers. The case at hand also sets the standard for how similar cases could be managed in the near future thus guiding the legislature and influencing practices among employers in the health sector and other settings.

d.Other relevant documents/sources/materials

When discussing the problems of the National Minimum Wage (NMW) and National Living Wage (NLW), that includes the case law such as the Royal Mencap Society v Tomlinson-Blake, we should also remember other sources, documents, and instruments to mention their overall implications. Here's a list of relevant types of documents and sources that can enrich your analysis:Here's a list of relevant types of documents and sources that can enrich your analysis:

Government docs and reports

Government Reviews and Reports: Reports of the Low Pay Commission issued annually give evidence of why there is NMW and NLW, assess the outcomes of these wages for employment, and make recommendations for the future increases.

Policy Statements and Guidance: This literature is issued by the public departments to provide explanation of the current policies, legal interpretations and compliance guidelines to employers and workers on the National Minimum Wage and National Living Wage regulations.

Academic and Empirical Studies

Research Papers and Articles: As for research on economics, society, and law behind NMW and NLW, these offer empirical standpoints and theoretical frameworks where the efficacy and consequences of these minimum wage laws can be comprehensively understood.

Case Study Analyses: The sector or region-specific research will provide understandings about the implementation experience in terms of practical challenges and successes of these policies.

Legal Analyses and Commentaries

Legal Commentaries and Blogs: Written by legal experts, these texts might address implications of the important cases, discuss the new legal trends, and bring the critical reviews to the NMW and NLW.

Law Review Articles: These ones commonly have in-depth appraisals of court rulings, legislative amendments, and their labour and employer ramifications.

International Comparisons and Reports

International Labour Organization (ILO) Reports: The ILO's studies and documents are world-wide source of global view on minimum wages policies; including comparative nation study and international norm standards for just wages.

Reports from Non-Governmental Organizations: Business enterprises that espouse labor rights, justice and economic issues may publish reports comparing the levels of minimum wage policies across the world, examining the best practices and where these need improvements.

Editorials and Op-Eds (Opinion Pieces)

Journalistic Coverage: News media such as articles and reports can be a source of up-to-date information on the township on the matter of the NMW and the NLW, including political debates, economic analysis, and stories about the role of wage policies on human welfare.

Opinion Columns: They can be from different angles, which may include stakeholders in daily debates about NMW and NLW.

Case narratives and personal accounts

Worker and Employer Testimonies: The usual personal stories and testimonies from people who are affected directly by the NMW and NLW, and who are also the people who should meet these wage levels, can be a source of useful information on the real-life ramifications of these policies.

The IndusTree Workshop and Employees' IndusTree Magazine illustrate the role of the industry and trade unions in fostering sustainable development.

Position Papers and Statements: Trade unions and industry workers associations tend to have their positions on the policy of national minimum wage and national living wage published, reflecting the workers’ and employers’ views on these policies.

Survey and Research Reports: Although the surveys and research may be conducted by these organizations, they too may offer data on the effects of NMW and NLW rates on employment and business operations, as well as local and regional level economies.

Low Pay Commission (LPC): The LPC is a non-governmental body which examines the National Minimum Wage (NMW) and National Living Wage (NLW). Maybe the notice claims of the LPC about the remunerations for 'sleep-in' shifts focus on its roles in the low pay issues.

‘Sleep-in’ Shifts: For example, these are common in the care sector where the employees are paid to sleep at their workplace, on the condition that they remain on call in case they are required at night. It most likely assesses how these are paid whilst in the NMW and NLW regulations as per the Supreme Court decisions in the Mencap case which ruled the workers are not entitled to minimum wage for their entire shift if they are sleeping.

Temporal Casualisation: It means the uncertain power and insecurity of such employment contracts, where workers experience irregular hours, job insecurity and fail to predict their income. The document might have considered that sleeping-in shifts are casualism’s source and the reason why people who work on such shifts are usually poorer.

Driver of Poverty: This document most likely states that the “pay” for those working over the ‘sleep-in’ hours is low and that these jobs have a high number of ‘temporal casualties.’ This is then stated as the main cause of poverty among workers in sectors like social care.

3.Main arguments

a.Central arguments

Central Arguments

Inadequacy of Current Wage Standards for 'Sleep-in' Shifts:

These two provisions of NMW and NLW are not sufficient to provide adequate compensation to the workers who punctually carry out sleeping shifts, causing them poor financial stability and poverty in this case. The argument would centre on the fact that the LPC regulations and guidelines, which aim at helping low-paid workers, are not adequate as they do not take into account the peculiarities of 'sleep-in' shifts in which workers are nominally off-duty while being actually fully on-duty instead.

Temporal Casualisation as a Systemic Issue:

The debating statement will underline that 'sleep-in' shifts are a consequence of broader temporal casualisation occurring in the workforce. This type of job or employment that is characterized by irregular hours of work, uncertainty in the long run, and lack of consistency in the wage is known to disadvantage low-paid workers most, plunging them into poverty. The focus would deal with casual employment practices from a systemic point of view under the impression of violations of workers' rights and corruption of their living standards.

Discrepancy Between Legal Definitions and Worker Reality:

The core idea could be a contradiction between what the law defines as "working time" and how it is experienced by those engaged in work referred to as "sleep-in shifts". While the legal framework, as applied in the Mencap case, is not appropriate for the challenges and holdings of these workplace shifts, the awards offered as a result are inappropriately low, failing to adequately compensate workers and meet their needs in achieving a decent standard of living.

Need for Policy Reform:

Presumably, the document is aimed at substantial changes in the manner of night shifts being paid for. One could propose making amendments to the NMW and NLW rules in order to fit the peculiarity of sleeping “in” work, strengthening enforcement tools for compliance, and taking a more intellectual approach towards fighting poverty caused by temporary casualisation.

Role of the Low Pay Commission:

Another key discussion is aimed at how LPC deals with these challenges. The case can put the emphasis on LPC’s involvement in research as well as advising on changes to pay policy for the 'sleep-in' shift. This move will ensure compensations that take into account the workers’ contributions and a real living cost component.

b.Subsidiary arguments

Economic Sustainability and Sector-Specific Challenges:

It is possible to also look at subsidiary issues that look at the economic sustainability of the increased costs of wages that employers must contend with, especially in the care sector where margins are tight. However, it has been suggested that paying "sleep-in" wages fairly is an important step in solving this issue, but it is also vital for the government to either increase their funding or provide subsidies so that care providers are able to afford these wages without affecting the quality of the care or their financial viability.

Worker Health and Well-being:

Another point that may be brought up is the 'health and well-being' of employees who are on standby shifts. It is regarded that the existing compensation system does not consider the physical and emotional price of being called in even the sleeping period. Undertaking moral acknowledgement and compensation for these transformations is singly important to ensure worker well-being and to stimulate a balanced work-life milieu.

Clarity and Consistency in Legal Definitions:

This approach will highlight the need for more fluidity in the legal definitions and the rules of the game as regards what work is during the 'sleep-in' shifts. The current ambiguity has resulted to inconsistent enforcement and compliance which may bias against the worker. Better guidelines would help improve the situation for both employers and employees by setting the rules more clearly in order to be able to comply and solve conflicts.

Addressing Broader Issues of Inequality and Social Justice:

Moreover, there could be a set of subsidiary arguments that might untie the knots that the sleep-in shift and temporal casualization involve with the overall societal issues of inequalities and social injustices. One of the primary concerns with employment practices here is the fact that they negatively impact the poor, women, and minorities further widening societal injustices. In view of the fact that this should be approached as a part of the general strategy aimed at overcoming social and economic inequalities, policy reform should be taken into account.

Enhanced Enforcement and Worker Protections:

Beyond legislative actions, challenges may centred on the necessity of complementary enforcement measures to ensure adherence to the NMW and NLW rules. It incorporates stricter inspections, tougher punishments in case of non-compliance, and strong infrastructure for complaints by the workers. The issue could also raise a call for tough insulation for workers who speak against wage issues.

Education and Awareness for Employers and Workers:

A parallel point can add stress to the significance of education and awareness building among both workers and employers to understand the principles of 'sleep-in' shifts and minimum wage laws. These endeavours are aimed at minimizing unintended non-compliance and workers’ active engagement in their struggle to defend their rights.

Long-term Solutions Beyond Wage Adjustments:

Further, such resets of the wage grid for 'sleep-in' shifts are considered important, but the change should be one of a kind and must be part of a set of such solutions aimed at ensuring both job security and career progression together with professional development opportunities for workers in casual or low-paid jobs. This holistic method would be the best way to help solve poverty and workers’ inequality problems.

4.Rough essay plan/structure

Essay Title: The Impact of NMW and NLW Policies on 'Sleep-In' Shifts and Temporal Casualisation

Introduction

Section 1: Overview of NMW and NLW Regulations

Section 2: Central Arguments

Section 3: Subsidiary Arguments

Section 4: Case Law and Practical Implications

Section 5: Recommendations for Reform

Conclusion

References

5.Questions I need to raise at the tutorial

Asking questions beforehand and giving feedback in a tutorial will help you engage very deeply with the given material and clarify anything which remains unclear for you. Given the complexities surrounding the National Minimum Wage (NMW), National Living Wage (NLW), 'sleep-in' shifts, and their role in temporal casualisation and poverty.

Clarification on Legal Definitions:

What are the current regulations regarding "working time" concerning the compensation for 'sleep-in' shifts specifically? Also, what distinguished changes can be made to avoid the strictness on the working time, and to reflect the true nature of such work?

Case Law Implications:

The Supreme Court ruling in the Royal Mencap Society v Tomlinson-Blake case paves the way for changes in the application of NMW and NLW regulations to 'sleep-in' shift in England. Does that have a knock-on effect, with other industries having similar work patterns?

Policy and Enforcement:

With the strike of the lack of NMW and NLW policy enforcement, what practical measures can be taken to make sure that all workers, especially those in ‘sleep in’ shifts, receive fair settlements? Are the contemporary enforcement mechanisms really effective?

Economic and Social Impacts:

What effects do NMW and NLW uplifts have on the overall economy and the social well-being of workpeople, especially in terms of 'sleep-in' shifts and 'seasonal' (temporary) labour?

Sector-Specific Challenges and Solutions:

With the specific troubles facing the care sector concerning the implementation of the 'sleep-in' shift policies special solutions can be invented to cope with the necessity for worker remuneration and the budget limits of the services.

Temporal Casualisation and Worker Rights:

What kind of legislation or policy reforms can be used to solve the comprehensive problem of temporal casualisation and how can they help the low-paid worker to protect their rights and escape from poverty?

International Perspectives:

How do other countries remunerate and control overtime work done at 'sleep-in' shifts or similar arrangements? Could there be any lessons or models that could eventually be adopted to the UK?

Long-term Solutions Beyond Wage Adjustments:

Implementing further steps for the long-term, what could be done to improve job security, career development, and job opportunity growth for the people who became engaged in 'sleep-in' shifts?

Role of the Low Pay Commission (LPC): Role of the Low Pay Commission (LPC):

How can the LPC be of use in further dealing with the difficulties related to 'sleep-in' shifts and temporal casualization? Is there any research project that the LPC can add to its current recommendations?

References

• Akanni LO, ‘Essays on the Impact of UK National Living Wage Policy : Insights into Health, Wellbeing, and Informal Caregiving’ (stax.strath.ac.uk2023) <https://stax.strath.ac.uk/concern/theses/t148fh674> accessed 19 February 2024
• Braithwaite V, ‘Beyond the Bubble That Is Robodebt: How Governments That Lose Integrity Threaten Democracy’ (2020) 55 Australian Journal of Social Issues 242
• Bursell M, Bygren M and Gähler M, ‘Does Employer Discrimination Contribute to the Subordinate Labor Market Inclusion of Individuals of a Foreign Background?’ (2021) 98 Social Science Research 102582
• Carballo Piñeiro L and Kitada M, ‘Sexual Harassment and Women Seafarers: The Role of Laws and Policies to Ensure Occupational Safety & Health’ (2020) 117 Marine Policy 103938
• Carlson R and others, Employment Law (Aspen Publishing 2023) <https://books.google.com/books?hl=en&lr=&id=2DqqEAAAQBAJ&oi=fnd&pg=PT16&dq=+Legal+debates+spawn+around+the+categorization+of+employment+types> accessed 19 February 2024
• Clark AE, D’Ambrosio C and Lepinteur A, ‘The Fall in Income Inequality during COVID-19 in Four European Countries’ (2021) 19 The Journal of Economic Inequality 489
• Cominetti N and others, ‘Low Pay and Insecurity in the UK Labour Market’ (2022) <https://www.resolutionfoundation.org/app/uploads/2022/05/Low-Pay-Britain-2022.pdf>
• Costello F, ‘Taught Resilience Programmes: A Case Study from the Perspective of Employees of a Large Pharmaceutical Company Based in the UK’ (2020) 2 Continuity & Resilience Review 111
• Court TS, ‘Royal Mencap Society (Respondent) v Tomlinson-Blake (Appellant) - the Supreme Court’ (www.supremecourt.uk2018) <https://www.supremecourt.uk/cases/uksc-2018-0160.html>
• ——, ‘Royal Mencap Society (Respondent) v Tomlinson-Blake (Appellant) - the Supreme Court’ (www.supremecourt.uk2018) <https://www.supremecourt.uk/cases/uksc-2018-0160.html>
• ——, ‘Shannon (Appellant) v Rampersad and Another (T/a Clifton House Residential Home) (Respondents) - the Supreme Court’ (www.supremecourt.uk2018) <https://www.supremecourt.uk/cases/uksc-2018-0161.html>
• Dobbins T and Prowse P, The Living Wage: Advancing a Global Movement (Routledge 2021) <https://books.google.com/books?hl=en&lr=&id=5VM-EAAAQBAJ&oi=fnd&pg=PT16&dq=Comparing+the+NMW+with+the+living+wage+idea> accessed 19 February 2024
• Doris A, Donal O'neill and Sweetman O, ‘The Introduction of a Living Wage in Ireland’ (2022) <http://repec.maynoothuniversity.ie/mayecw-files/N316-22.pdf> accessed 14 November 2022
• Ewert B and Loer K, ‘Advancing Behavioural Public Policies: In Pursuit of a More Comprehensive Concept’ (2020) 5 Policy & Politics
• Heery E, Hann D and Nash D, The Real Living Wage: Civil Regulation and the Employment Relationship (Oxford University Press 2023) <https://books.google.com/books?hl=en&lr=&id=9f3KEAAAQBAJ&oi=fnd&pg=PP1&dq=The+argument+would+centre+on+the+fact+that+the+LPC+regulations+and+guidelines> accessed 19 February 2024
• Holley C and others, ‘Groundwater Regulation, Compliance and Enforcement: Insights on Regulators, Regulated Actors and Frameworks in New South Wales, Australia’ (2020) 5 Sustainable Groundwater Management 411
• Holmes W and others, Artificial Intelligence and Education: A Critical View through the Lens of Human Rights, Democracy and the Rule of Law (Council of Europe 2022) <https://books.google.com/books?hl=en&lr=&id=RM-lEAAAQBAJ&oi=fnd&pg=PA5&dq=Written+by+legal+experts> accessed 19 February 2024
• International Labour Organisation, ‘Definition and Purpose’ (Ilo.org3 December 2015) <https://www.ilo.org/global/topics/wages/minimum-wages/definition/WCMS_439072/lang--en/index.htm>
• Kallmuenzer A and others, ‘Ecological and Social Sustainable Change through Corporate Social Responsibility: The Enabling Role of Employees’ (2023) 32 Strategic Change 153
• Leathwood C and Read B, ‘Short-Term, Short-Changed? A Temporal Perspective on the Implications of Academic Casualisation for Teaching in Higher Education’ (2020) 5 Teaching in Higher Education 1
• Lu X and others, ‘Homestead Management in China from the “Separation of Two Rights” to the “Separation of Three Rights”: Visualization and Analysis of Hot Topics and Trends by Mapping Knowledge Domains of Academic Papers in China National Knowledge Infrastructure (CNKI)’ (2020) 97 Land Use Policy 104670
• NIDirect, ‘The National Minimum Wage and Living Wage | Nidirect’ (nidirect31 March 2019) <https://www.nidirect.gov.uk/articles/national-minimum-wage-and-living-wage>
• Patel L, Mthembu S and Graham L, ‘The National Minimum Wage in the Agriculture and Domestic Work Sectors Report of a Qualitative Study of Stakeholder Responses to the National Minimum Wage’ (2020) <https://www.labour.gov.za/DocumentCenter/Publications/Basic%20Conditions%20of%20Employment/The%20National%20Minimum%20Wage%20in%20the%20Agriculture%20and%20Domestic%20Work%20Sectors.pdf> accessed 26 September 2023
• Rennuy N, ‘Posting of Workers: Enforcement, Compliance, and Reform’ (2020) 22 European Journal of Social Security 212
• Sedacca N, ‘Domestic Workers, the “Family Worker” Exemption from Minimum Wage, and Gendered Devaluation of Women’s Work’ (2022) 51 Industrial Law Journal
• Tateosian LG and others, ‘Plant Pest Invasions, as Seen through News and Social Media’ (2023) 100 Computers, Environment and Urban Systems 101922
• Vlex.co.uk, ‘British NURSING Association v INLand REVENUE (National MINIMUM WAGE COMPLIANCE TEAM) [ca (Civil), 26-03-2002]’ (vLex2002) <https://vlex.co.uk/vid/british-nursing-association-v-793330681> accessed 19 February 2024

Bibliography

Citizensinformation.ie (2023).Minimum wage. [online] www.citizensinformation.ie. Available at: https://www.citizensinformation.ie/en/employment/employment-rights-and-conditions/pay-and-employment/minimum-wage/.

Gla.gov.uk (2022).National Minimum Wage - NMW - GLAA. [online] www.gla.gov.uk. Available at: https://www.gla.gov.uk/who-we-are/national-minimum-wage/ [Accessed 26 Feb. 2024].

Ilo.org (2016).Publicizing the minimum wage in the United Kingdom. [online] www.ilo.org. Available at: https://www.ilo.org/global/topics/wages/minimum-wages/enforcement/WCMS_462302/lang--en/index.htm [Accessed 26 Feb. 2024].