Question reference: S6W-14061
- Date lodged: 23 January 2023 Registered interest
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Current status: Answered by Kevin Stewart on 31 January 2023
Question
To ask the Scottish Government what its response is to reports that the Maria Mallaband Care Group is currently in over 50 individual disputes with trade union members, in relation to the company allegedly not utilising correctly the social care staff support fund, and unlawful deduction of wages.
Answer
The Social Care Staff Support Fund is available for social care staff who are absent from work due to having covid-19, or self-isolating in line with public health guidance, to support and encourage infection prevention and control in social care settings.
Scottish Ministers strongly encourage employers to access the Fund on behalf of any staff member who meets all of the eligibility criteria.
The guidance on the Fund includes routes of recourse for any social care worker who has not received support from the Fund that they believe they are entitled to.
Local Authority and Health and Social Care Partnerships will have their own internal and governance processes in place and must adhere to their duties in relation to accounting for public funds. This includes ensuring that payments for additional costs are made in line with the Social Care Staff Support Fund Guidance.
Unlawful deduction of wages is completely unacceptable and any employees in this situation should seek advice.
Employment law is reserved to the UK Government, and HMRC are the enforcement body for non-payment of wages. The Advisory, Conciliation and Arbitration Service (ACAS), provides information and advice on workplace rights and entitlements. Anyone can get free and impartial advice from calling the ACAS helpline number on 0300 123 1100. Alternatively there is help online at: https://www.acas.org.uk/
Scottish Ministers cannot intervene in disputes between employers and their staff, however I would be grateful if there is any information on this matter that you could share with my office.