Law firm reports a flood of employment tribunal cases as carers sue their direct payments clients
Care users are increasingly ending up in employment tribunals because they are unaware of their legal responsibilities as an employer under the Department of Health’s Direct Payment scheme, according to employment law specialist ELAS.
According to the law firm, more than 46,000 care users in the UK are now responsible for appointing and paying their own carers as part of the Department of Health’s Direct Payments scheme, rather than council-managed care.
The scheme, which was designed to give users the freedom to manage their own care budget, is seeing many fall foul of the ever-changing employment law legislation. Peter Mooney, head of consultancy at ELAS, said more and more of those who sign up to the scheme were now falling foul of stringent employment law regulations.
“Although the Direct Payments scheme gives people the freedom to manage their own care, it also gives them a huge amount of respons