Advice from Anthony Collins

Preparing for legal changes and navigating financial pressures in the social care sector – Advice from Anthony Collins

On 2 April, we held a webinar on preparing for legal changes and navigating financial pressures in the social care sector. The reality for social care is stark, with rising workforce costs and tightening budgets. Providers face the challenge of building a resilient, sustainable workforce amidst these pressures and increasing legislative demands. Key areas to futureproof organisations include:

1. Navigating financial pressures – Adapting your workforce

• Proactive approach: Challenge assumptions about existing workforce structures and consider models like annualised contracts, own bank staff, zero-hours contracts, apprenticeships, overseas recruitment and cross-provider shared staffing.

• Careful planning: Understand the changes, whether consent is needed and if collective consultation is required.

• Explain the why: Communicate the need for change to staff to ensure they understand and gain their support.

• Incentives and flexibility: Offer incentives and listen to employee needs - consider benefits which would be impactful but may not be too financially onerous.

• Timing: Implement changes gradually to minimise impact on staff morale. Securing change after an incentive or benefit has been given may be easier.

2. Navigating financial pressures – Restructuring your workforce

• Adequate consultation: Ensure consultations are genuine and meaningful, providing enough information and time for employee responses. Consult individually, even during collective consultation.

• Employee protections: Be mindful of protections for employees on family leave and avoid discriminatory selection criteria.

3. Navigating financial pressures – TUPE

• Taking on staff: Assess and challenge TUPE applications, considering post-transfer strategic changes. Staff transfer could be challenged if one of the following applies:

o the service changes post-transfer;

o there is no clearly defined and organised group of employees; or

o additional employees are included unnecessarily.

• Losing a contract: Explore ways to retain key employees through incentives and alternative roles.

4. Navigating legal pressures – Employment Rights Bill (ERB)

• Improve hiring processes: Upskill recruiting managers to avoid costly hiring mistakes.

• Assess statutory sick pay impact: Assess the financial impact of SSP and budget accordingly.

• Guaranteed hours: Implement systems to offer guaranteed hours to zero-hour contract workers. Note, a collective agreement can bypass the right to a guaranteed hour offer.

• Make changes sooner: Anticipate restrictions on firing and rehiring from 2026.

• Review compliance: Ensure compliance with holiday pay, SSP and NMW.

• Engage with industry bodies: Participate in discussions about the Adult Social Care Negotiating Body.

• Visit our Employment Rights Bill Hub and subscribe for further updates.

5. Navigating legal pressures – Duty to Prevent Sexual Harassment

• Risk assessments: Identify and mitigate risks of sexual harassment in the workplace.

• Updated harassment policy: Ensure the policy is accessible and includes examples of sexual harassment.

• Training: Provide training on zero tolerance for sexual harassment.

• Reporting mechanisms: Establish accessible reporting processes, including anonymous options.

• EHRC guidance: Follow the EHRC technical guidance for preventing sexual harassment.

• Talk to us about our risk assessment package for sector-specific guidance.

For specific advice on any of the above, please contact us – we are happy to help. employmentandpensions@anthonycollins.com