One of the reforms in the Employment Rights Bill is the introduction of a Fair Pay Agreement in the adult social care sector. For this to be introduced, the Government must first conduct a public consultation, where on conclusion, the responses will be analysed and used to inform policy development.
On 30 September, a new consultation opened titled ‘fair pay agreement process in adult social care’ and seeks views from key stakeholders in areas such as:
-
The Adult Social Care Negotiating Body
-
The Negotiating Process
-
Coverage and Remit
-
Dispute Resolution
-
Implementation
-
Compliance and Enforcement
The Adult Social Care Negotiating Body
A consultation in which views are sought on “how the Adult Social Care (ASC) Negotiating Body could be set up to successfully create fair pay agreements and how the voice of workers and employers in the sector could be represented”.
The Negotiating Process
The proposal is for negotiations to take place on a cyclical basis, each one following the same structure and pattern. It would involve negotiations being triggered by the Secretary of State in written notification to the ASC Negotiating Body. Negotiations would include sector engagement, understanding existing evidence and the gathering of new, and the holding of negotiations.
The feedback of members would be sought and would be fed back to the Body as to whether members agree or wish for further negotiations to take place.
Ultimately, the Body would either gain agreement to its proposal, or in the event of dispute, there would be dispute resolution. Ultimately, the Secretary of State will consider the agreement for approval, and if approved, would make Regulations to introduce it. In the event there is no agreement at this stage, it can be referred to the Negotiating Body.
Coverage and Remit
The Government needs to establish before any negotiations take place, what and who can be in scope and therefore considered.
Dispute Resolution
This area of the consultation is seeking views on what should happen if a Negotiating Body is unable to reach agreement.
Implementation of the Fair Pay Agreement
This area of consultation is about what happens when agreement has been sought, as well as the scenario of where it hasn’t and what support the sector requires for carrying out negotiations.
Compliance and Enforcement
The Government proposes that there will be statutory codes of practice to ensure compliance with the fair pay agreement, so this area of the consultation explores this and other ways in which the Government can drive compliance and enforcement.
Participating in the Consultation
If you operate in the adult social care sector you can participate in the consultation by using the online survey. The closing date is 16 January 2026.
