Legislation – Employment Rights Act 2025
Changes to legislation:
Employment Rights Act 2025, Section 48 is up to date with all changes known to be in force on or before 03 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 48:
- s. 48 coming into force by S.I. 2026/323 reg. 3(1)(18)
Part 3Pay and conditions in particular sectors
Chapter 2Social care workers
Power of appropriate authority to deal with matters
48Power of appropriate authority to deal with matters
(1)
This section applies where—
(a)
a Negotiating Body notifies the appropriate authority that it has been unable to reach an agreement on a matter referred to it, and
(b)
any other specified conditions are met.
In paragraph (b) “specified” means specified in regulations made by the appropriate authority.
(2)
The appropriate authority may by regulations make provision about the matter.
(3)
Regulations under subsection (2) may provide that the regulations are to have effect for determining the terms and conditions of employment of social care workers to whom the regulations apply.
(4)
(5)
If the regulations relate to a social care worker’s remuneration, the social care worker’s remuneration is to be determined and paid in accordance with the regulations.
(6)
A provision of the regulations that relates to any other term or condition of a social care worker’s employment has effect as a term of the social care worker’s contract.
(7)
A term of that contract has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the regulations.
(8)
(a)
do not apply in relation to a term or condition of a social care worker’s employment if, and to the extent that, giving effect to the regulations would alter the term or condition to the social care worker’s detriment;
(b)
do not prevent the terms and conditions of a social care worker’s employment from including a term or condition that is more favourable to the social care worker than that which would otherwise have effect by virtue of those subsections.