Legislation – Employment Rights Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Employment Rights Act 2025, Cross Heading: Social Care Negotiating Bodies.
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Part 3Pay and conditions in particular sectors
Chapter 2Social care workers
Social Care Negotiating Bodies
39Power to establish Social Care Negotiating Body
(1)
For the purposes of this Chapter, the Secretary of State may by regulations provide for there to be a body in England known as the Adult Social Care Negotiating Body for England.
(2)
For the purposes of this Chapter, the Welsh Ministers may, with the agreement of the Secretary of State, by regulations provide for there to be a body in Wales known as the Social Care Negotiating Body for Wales.
(3)
For the purposes of this Chapter, the Scottish Ministers may, with the agreement of the Secretary of State, by regulations provide for there to be a body in Scotland known as the Social Care Negotiating Body for Scotland.
(4)
Any power of the Welsh Ministers or the Scottish Ministers to make regulations under the remaining provisions of this Chapter may not be exercised without the agreement of the Secretary of State.
(5)
In this Chapter—
“the appropriate authority”—
(a)
in relation to the Adult Social Care Negotiating Body for England, means the Secretary of State;
(b)
in relation to the Social Care Negotiating Body for Wales, means the Welsh Ministers;
(c)
in relation to the Social Care Negotiating Body for Scotland, means the Scottish Ministers;
“Negotiating Body” means a body established by regulations under this section.
40Membership, procedure, etc of Negotiating Body
(1)
Where the appropriate authority provides for there to be a Negotiating Body under section 39, the authority may by regulations make further provision about the Negotiating Body.
(2)
The provision that may be made by regulations under this section includes, among other things—
(a)
provision about membership of the Negotiating Body, including (among other things)—
(i)
provision about the appointment of members;
(ii)
provision about the number of members, or the number of members of a specified description, which the Negotiating Body is to have (see also subsection (3));
(iii)
provision about the termination of appointments;
(b)
provision for the appointment of a person to chair the Negotiating Body, including (among other things) provision for that person to be, or not to be, a person of a specified description;
(c)
provision about how the Negotiating Body makes its decisions;
(d)
provision for the Negotiating Body to keep records of a specified description;
(e)
provision for the payment of fees or expenses by the appropriate authority to members of the Negotiating Body;
(f)
provision for staff or facilities to be provided to the Negotiating Body by the appropriate authority;
(g)
provision about reports, including (among other things) provision requiring the Negotiating Body to publish reports at specified times or about specified matters.
(3)
Regulations under this section—
(a)
must provide that the persons appointed as members of the Negotiating Body include—
(i)
officials of one or more trade unions that represent the interests of social care workers;
(ii)
persons representing the interests of employers of social care workers;
(b)
may provide for other descriptions of person to be appointed as members of the Negotiating Body.
(4)
Regulations under this section may provide that the validity of anything done by the Negotiating Body is not affected by a vacancy or a defective appointment.
(5)
Regulations under this section may amend any enactment in consequence of the establishment of the Negotiating Body.
(6)
In this section “specified” means specified in the regulations.
41Matters within Negotiating Body’s remit
(1)
For the purposes of this Chapter, the matters within a Negotiating Body’s remit are matters that relate to any of the following—
(a)
the remuneration of relevant social care workers, or of relevant social care workers of a specified description;
(b)
terms and conditions of employment of relevant social care workers, or of relevant social care workers of a specified description;
(c)
any other specified matters relating to employment as a relevant social care worker, or as a relevant social care worker of a specified description.
(2)
In subsection (1)—
“relevant social care worker”, in relation to a Negotiating Body, means a social care worker employed in, or in connection with, the provision of social care in the area for which the Negotiating Body is established;
“specified” means specified in regulations made by the appropriate authority.
42Meaning of “social care worker”
(1)
In this Chapter “social care worker” means—
(a)
in relation to England, a person who is employed wholly or mainly in, or in connection with, the provision of social care to individuals aged 18 or over;
(b)
in relation to Wales or Scotland, a person who is employed wholly or mainly in, or in connection with, the provision of social care to any individual.
(2)
For the purposes of subsection (1), “social care” includes any form of personal care or other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance.