UK employment rights law: what does this mean for nurses?

A new bill being introduced by the British government would bring major changes to sick pay, strike rules, protections against sexual harassment and more.

Unions have long awaited the Employment Rights Bill, which was formally unveiled on Thursday, following promises from the Labor Party to reform workers’ rights before its landslide victory at the July general election.

The current draft Employment Rights Bill, prior to the amendment, details dozens of changes to employment law, including how unions can call strikes or how pay is determined for adult social care staff.

Below are the changes in the bill that could have a profound impact on nurses, midwives and other healthcare professionals.

What would the bill change for nursing staff?

Sick pay and leave

Currently, there is a three-day waiting period and a lower income limit of £123 per week to claim statutory sick pay. These restrictions would both be lifted if the bill passes in its current form.

A minimum employment contract of 26 weeks to qualify for paternity and parental leave would also be abolished.

The bill also contains changes to the rules regarding bereavement leave. This included eliminating waiting times and simplifying access to them.

Improvements in the waiting period for absenteeism are likely to be particularly welcomed by those in the nursing profession, with its high absenteeism rate.

Zero-hour contracts

The government said in its literature on the bill that it would “ban” zero-hours contracts.

To that end, the bill states that it would guarantee employees who currently have such contracts the right to guaranteed hours, reasonable notice for services, and payment for canceled, rescheduled, or canceled services.

According to a recent Skills for Care report, 16% of registered nurses in the adult social care sector are on zero-hours contracts, with many more in care, nursing support and other nursing staff.

Flexible working

In its manifesto ahead of July’s general election, the now ruling Labor Party pledged to enshrine flexible working as a fundamental right for workers.

The Employment Bill gives employees the right to request flexible working and limits the criteria under which this request can be refused.

Protection against harassment and dismissal

Under the bill, employers would be required to take “all reasonable steps” to prevent sexual harassment and intimidation by third parties.

The bill also promises to implement protected disclosure of sexual harassment claims.

According to Unison polling, one in ten healthcare workers have been sexually harassed at work – while bullying and harassment of staff remains a relevant issue.

The bill would also remove waiting periods for unfair dismissal protection, dismissal during pregnancy, after family leave and for not agreeing to a change to the contract.

Adult social care

A pay deal for adult social care staff, including nurses, has been widely discussed since the election, most recently earlier this week following the publication of Skills for Care’s ‘State of the sector’ report.

The Employment Rights Bill would provide the legal framework for the establishment of an adult social care negotiating body with responsibility for pay.

Details about what exactly the organization will do and who will lead it remain scarce – but it could lead to a more uniform pay deal for social workers.

Trade union legislation

Another of Labor’s manifesto promises featured in the bill is the easing of restrictions on trade union activity – in particular the right to strike.

Chief among the changes is the withdrawal of minimum service level rules, which would ban certain numbers of staff in key sectors such as healthcare from striking.

In addition, the bill would amend the Trade Union and Labor Relations (Consolidation) Act 1992 to remove and instead reinstate the requirement for 50% of eligible trade union members to vote in a strike vote for the result to be valid send to a simple majority of those who voted.

Workers would be further protected from harm or dismissal for taking industrial action, while the bill would also improve unions’ ability to monitor pickets and access workplaces.

Reactions to the bill

The Royal College of Nursing (RCN) has been calling for swift action on employment law since the election, hoping Sir Keir Starmer’s government will deliver on promises such as a pledge to improve relations between ministers and unions reset’.

Professor Nicola Ranger, general secretary and CEO of the RCN, said the bill was a “historic moment” for the female-dominated nursing profession, and particularly welcomed improved redundancy protections for new mothers and pregnant women.

She said: “A fair pay deal in social care, enshrined in law, and a new body to eradicate the exploitation of care workers are measures that the RCN has long called for.

“Increasing wages, rights and labor standards in the sector is now one step closer to reality. The repeal of anti-union laws is long overdue.”

Professor Ranger said these protections, and improvements to flexible working, would also help increase the quality of services provided to patients, calling them “essential tools for recruitment and retention”.

She added: “The biggest mistake the government can make now is to stand still. These proposals are good, but they can also be great.

“Nursing, a profession that is 90% female, has been held back for so long, and while this bill will help with its broad objectives, there needs to be a more fundamental change in the way nursing is valued by those in power.”

Meanwhile, Natasha Curry, deputy director of policy for health and social care think tank Nuffield Trust, said new entitlements and pay changes must be implemented “carefully” due to the “precarious state” of the social care sector.

She said: “Many employers are under such financial pressure that suddenly demanding guaranteed hours and additional entitlements without support could put some out of business.

“We know that local authorities are drawing on all their reserves to deliver adult social care services: they have little room to absorb new costs.”

She also said that the implementation of the new wage bargaining system would take “a long time” and that more central funding for social care is needed to prevent these changes causing further instability in the sector.

“In the upcoming budget, the government will need to consider immediate measures to strengthen the system and help recruit and retain staff – otherwise the situation will be even worse by the time these new rights come into effect,” she said.

However, Ms Curry welcomed better protection for workers: “This bill is an important step towards giving adult social care the visibility and priority it has lacked for far too long.

“The pay and conditions provisions greatly strengthen the Secretary of State’s powers and responsibilities in social care, providing clear accountability in a way that was previously lacking.”