The 2024-25 Employment Rights Bill will have major implications for the NHS and social care, some of the largest industries in our country, depending particularly on skilled labour to safeguard people’s health and wellbeing. It also contains a unique and transformative new model of setting pay and conditions in adult social care, where the workforce is dangerously strained.
This briefing gives our understanding of the key considerations from four parts of the Bill likely to affect social care and health. These measures apply to Scotland, England, and Wales, except for the pay process which is specific to England. Committee Stage represents a crucial opportunity for scrutiny. It draws on our findings from multiple research and analysis projects across social care reform, pay and the workforce, and NHS staffing.
Key points
- Adult social care is worryingly financially overstretched, with councils likely unable to cover rising costs next year, and organisations providing care often close to bankruptcy or refusing public sector clients. While better pay and conditions are vital to build a stable workforce, they must be covered by funding or the sector may have to deliver less.
- The Secretary of State taking on direct responsibility for social care attracting staff in England is a positive step in ending the neglect of one of our vital public services. The new system should be evaluated carefully, and avoid the pitfalls of NHS pay setting processes.
- Enforcing the minimum wage is long overdue in social care. But bringing existing powers together may not work without resources. New responsibilities for the Care Quality Commission in England, Care Inspectorate Scotland, Care Inspectorate Wales or local councils may help.
- Easier unionisation could further improve terms and conditions in social care. However, a shorter notice period for strikes may be difficult for the NHS.