Nina Hemmings, Fellow at independent health think tank the Nuffield Trust, explores how the government’s new Employment Rights Bill could reshape pay, security, and fairness in social care—helping to close long-standing inequalities.
The adult social care workforce is a vital and often unsung part of communities in England. It is more ethnically diverse than the country’s population and benefits significantly from overseas workers. For too long, however, the workforce has been undervalued and underpaid, with some groups of social care staff more disadvantaged than others.
The government’s Employment Rights Bill has the potential to address some of these inequalities. It contains a range of economy-wide measures aimed at strengthening rights for all workers—such as guaranteed hours contracts—alongside provisions specific to social care, including a new fair pay agreement. The Bill seeks to reduce workplace inequalities and could make a particular difference for workers who are women or from minoritised ethnic backgrounds, who are overrepresented in low-paid care roles and more at risk of exploitation.
Low pay persists across social care, but some groups feel the sharper end of this injustice. Black workers are less likely than others to report financial security or sufficient pay for travel between visits. Poverty rates for Asian, Black, and other minority ethnic residential care workers are more than double those of White workers. To address this, the government plans to introduce a fair pay agreement for all social care staff. This would set minimum pay and conditions across the sector, giving care staff legally binding protections for the first time and bringing much-needed consistency and fairness. Many workers also lack consistent access to statutory sick pay—often due to zero-hours contracts or insufficient earnings. The new law would grant all workers rights from day one of their sick leave.
Around one-fifth of care staff are on zero-hours contracts, which often means no guaranteed income and a 6% greater likelihood of leaving their role. Workers from Black ethnic backgrounds are more likely to report uncertainty about job security and working hours. The Bill proposes a ban on zero-hours contracts and introduces a right to request guaranteed hours. By offering better income stability, workers may be better equipped to meet rising living costs, improving their quality of life and reducing turnover in the sector. The Bill also strengthens flexible working rights, which could benefit workers with caring responsibilities or disabled workers needing time for health appointments. Importantly, workers who prefer zero-hours contracts can retain them, but must be given reasonable notice of shifts.
There is also an uneven playing field in formal disciplinary processes, with staff from Black, Asian, or minority ethnic backgrounds 19% more likely to enter these than White staff—placing them at greater risk of job loss and stress. Currently, workers must have two years of employment before they can claim unfair dismissal in a tribunal. The Bill would change this by offering protection from unfair dismissal from day one of employment, including for pregnant workers on or returning from maternity leave. These changes aim to provide greater job security for newly hired minoritised ethnicity workers.
While the ambition of these reforms is welcome, there are hurdles to overcome. Recent ministerial changes risk the Bill losing momentum, and even after the Act is passed, negotiating the fair pay agreement will be long and complex. Success will depend on government funding and enforcement—without which, councils and providers may struggle to meet increased employment costs, and inequities between different groups of workers could worsen.
Nonetheless, the reforms have the potential to transform social care into a sector where all workers are equally respected, protected, and fairly paid. If government, employers, and unions work together, the new law could help give care staff the recognition and security they deserve—and be a meaningful step toward a fairer future.
