Current status: Answered by Kevin Stewart on 2 August 2022
To ask the Scottish Government what steps it is taking against any private care companies that are not paying the £10.50 minimum wage to adult social care staff working in commissioned services.
The law on employment rights and duties is reserved to the UK Parliament and so the Scottish Government do not currently have the legal powers to set mandatory minimum rates of pay or a stand-alone right to take legal action to ensure this minimum hourly rate for workers providing direct adult social care, in commissioned services, is delivered.
This uplift is instead being delivered through Local Government contracts and local commissioners have delivered funding for this uplift through a contract variation process with adult social care providers. This process is a means to ensure that providers who accepted the funding for the pay uplift contractually agreed to pass on that funding to eligible workers. In the event that funding is not passed onto the workforce to uplift pay, it will be for local areas commissioning teams to engage with providers to resolve and disputes where contractual obligations are not being met.