Our HSC specialists outline their recommended ‘must-dos’ for the next 100 days focusing on it being a time for clarity:
- Confirm whether all zero-hour contracts are exploitative – the Labour Party’s dislike of zero-hour contracts has been a theme throughout their campaign. Whilst these contracts can have drawbacks, they are heavily relied on in social care. They provide flexibility for both employer and employee and this is often valued by workers in the sector. Any move to outlaw all zero-hour contracts would be a major problem for employers in the health and social care sector, many of which are already struggling to afford their workforce. What we need from a new Labour Government is clarity on the following: what is an exploitative zero-hour contract? Can non-exploitative zero-hour contracts remain in force and should they be subject to certain conditions?
- Give us more detail on ‘day one’ rights – currently, workers only benefit from key employment rights after a period of continuous employment with their employer. For example, an employee must have two years’ service to gain the right to bring an unfair dismissal claim. The new Labour Government wants to redress the balance between employer and employee by ensuring that these rights are immediate. We understand that contractual probationary periods will still be permitted. During probationary periods employers can terminate employment contracts more easily and without worry of an unfair dismissal claim, although they should still be wary of discrimination claims. What we need from the new Government is confirmation that these probationary periods will remain, whether they can be extended and whether the right to dismiss a recruit within that period will still be protected from an unfair dismissal claim.
- Share your thinking on ‘fixing adult social care’ – the first step to ‘fixing adult social care’ must be a Fair Pay Agreement (FPA) and the aim is to ‘empower workers and the trade unions that represent them’ to negotiate on fair pay and conditions. Ensuring there is adequate provision of adult social care services is an extremely challenging area for the new Government, and they must reach out for as much information as possible. The Government needs to provide a timescale for the FPA and clarify where funding will come from. Clarity is also needed about who will be party to the FPA in a sector that is not heavily unionised.
- Set out a road map towards a National Care Service – A clear roadmap is needed for the proposed National Care Service as soon as possible. The sector needs to know whether it is something we can expect to progress within the lifetime of this Parliament and what it might look like.
- Consult with the sector on reducing reliance on overseas workers – Whilst the new Government has said that it will not set an overall cap or target on immigration, it has confirmed that it is seeking to reduce net migration. Given the reliance of the social care sector on overseas workers, it could be among the first to feel the impact of any measures taken. To safeguard social care in the UK, the new Government will need to work closely with providers in the sector to ensure that any reduction in overseas workers can be matched by affordable UK workers.