The Employment Rights Bill doesn’t serve social care yet
Although the Bill’s introduction was widely praised, Care England have highlighted some factors that require serious consideration.
The Bill was introduced into Parliament last week and proposes to ban exploitative zero-hours contracts, end fire and re-hire, strengthen statutory sick pay and establish a new Fair Work Agency with new powers to enforce holiday pay. Arguably every sector could benefit from this new legislation, but none need it as much as social care.
‘The Employment Rights Bill presents a vital opportunity to improve pay and conditions for our workforce, who are the backbone of the adult social care system. However, the realities of our sector cannot be overlooked,’ said Professor Martin Green OBE, chief executive of Care England.
‘With the state funding a majority of care services, any increase in employment costs could significantly jeopardise the ability to provide care to those in greatest need if not fully funded by government. We must ensure that this legislation is adequately funded to protect both our workforce and the vulnerable individuals they serve.’
Following the launch of the Bill, Care England have voiced a number of concerns, which include:
- Representation and Inclusion: Care England strongly supports the creation of the Negotiating Body but insists on clarity regarding its powers and the process for establishing it.
- Funding and Implementation Timeline: Implementing the proposed reforms will involve considerable financial and administrative burdens on providers. Care England calls on the government to provide not only clear guidance but also a dedicated funding plan to support these changes. Navigating the legislation will take time—likely at least one-two years—and without timely financial assistance, the transition could disrupt service delivery, leading to provider closures and a detrimental impact on the quality of care. There are 28 individual reforms to unpick, understand, and reach an agreeable position for thousands of providers, necessitating consistent implementation.
- Enforcement and Long-term Strategy: While the bill represents a critical first step towards establishing a National Care Service, the Fair Pay Agreement (FPA) and ERB must be part of a cohesive workforce strategy. The adult social care sector requires a comprehensive approach that addresses rising demand and pay disparities, as highlighted in the recent Skills for Care report which also reported international applications drop from 26,000 per quarter to 8,000 per quarter since the 1st of April 24. Care England is also aware that 79% of providers have indicated that the increases in local authority fees in 2024 did not adequately offset the impact of National Living Wage (NLW) increases. The question of who will enforce these changes remains unclear, and many elements necessitate funding that cannot simply be modelled or simulated.
Professor Martin Green added: ‘This Bill is a crucial step forward, but we must not lose sight of the funding necessary to bring these provisions to life. The government must engage with care providers to establish a realistic pace for these reforms, ensuring that our sector remains viable and can continue to provide sustainable high-quality care. As the demand for care services grows, we must be proactive in developing solutions that support both care workers and the individuals who rely on them as well as the viability of care provider organisations.’
In related news:
