Care England Responds to the Employment Rights Bill: Urgent Need for Comprehensive Funding and Strategic Implementation

Care England, the leading voice of adult social care in England, welcomes the introduction of the Employment Rights Bill (ERB) announced last week, recognising it as a significant milestone in strengthening workers’ rights across the sector. The bill proposes the establishment of an Adult Social Care Negotiating Body tasked with setting pay and conditions for the workforce. However, Care England underscores that the successful implementation of these reforms is contingent upon substantial government funding, clearly defined timelines, and a comprehensive strategy to prevent exacerbating the current crisis in the sector.

Professor Martin Green OBE, Chief Executive of Care England, stated:

“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. 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.”

Care England’s Key Concerns:

• 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. It is essential for this body to reflect a diverse range of voices across the sector, from all care provider organisations. This includes addressing how the definition of a “social care worker” will impact others in the care ecosystem, such as cleaning, catering, or laundry staff, who may also provide or support care provision. Inclusion of these voices will ensure that the agreements are equitable and reflective of the entire sector’s needs.
• 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 1-2 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 1^st 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 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.”

Care England urges the government and all stakeholders to come together in a collaborative effort to ensure the Employment Rights Bill is not only enacted but also implemented with the resources and support required for its success. This is an opportunity to build a stronger, more resilient adult social care sector which contributes over £68bn to the economy that truly values its workforce and meets the needs of the communities it serves.