What is the Employment Rights Bill?
The is a proposed new law to advance workers鈥� rights. It was introduced in parliament by the Labour government on 10 October 2024, as part of promises the party made before the general election in July 鈥� what it calls its 鈥淧lan to Make Work Pay鈥�. The bill aims to enhance employment protections and transform workplace environments.
What does the Employment Rights Bill say?
There are a number of proposed changes to employment law in the bill. What we know so far in terms of how these changes might impact your day-to-day working life includes:
- stronger individual employment rights
- fair pay agreements and job security
- trade union rights and collective protections
- greater employer accountability
- strengthened employment law enforcement.
As we find out more, we鈥檒l update this article, so save it somewhere so you can check back for updates.
What bigger picture things does the RCN welcome in this bill?
We鈥檝e been campaigning hard against anti-trade union laws which make it more difficult for unions to take strike action and limit workers鈥� freedom to strike. We鈥檝e also been calling for an end to social care worker exploitation with employers held to account for breaches of employment law. The bill delivers on this by:
- reversing anti-union and anti-strike legislation put in place by previous Conservative governments, specifically the Strikes (Minimum Service Levels) Act 2023 and some elements of the Trade Union Act 2016
- creating the Fair Work Agency to enforce minimum wage, holiday pay and statutory sick pay policies as well as to safeguard against labour exploitation and modern slavery.
How is the RCN influencing the bill?
The RCN has been actively meeting with MPs, government officials and other key stakeholders to influence this important legislation. Our goal is to make it as strong as possible while advocating for the greatest expansion of our members鈥� rights. We鈥檙e also pursuing a range of amendments to ensure these changes benefit nursing staff. We are confident that these efforts will make a real difference, supporting the interests of the profession and improving the working lives of our members.
Our lobbying and engagement on this bill and its amendments have increased the positive impact it could have. Some of the key wins for us are outlined below.
- Increased rights for workers on zero-hours contracts. The right to request a contract reflecting actual working hours has been extended to all workers. This is a win for the RCN and the amendment tabled by the government aligns with lobbying we undertook. The amendment ensures that workers with at least 26 weeks of service can request a contract with more predictable working patterns, and employers must consider such requests, only rejecting them on justifiable grounds.
- A fair pay agreement in social care, built around sectoral collective bargaining (more on that term below). In the UK, there are over 30,000 organisations providing social care. They are crucial to the health and care system but staff are often faced with low pay, insecure employment and inferior terms and conditions. The RCN was concerned this bill only addressed England. However, following consultation with the devolved administrations and representations made by the RCN, the government has agreed to further scope to include Scotland and Wales.
- Restoration of trade union rights, giving you greater power to organise, demand fairer pay and negotiate better working conditions. The government has committed to important elements of this, and we are determined to hold them to their word. You should have a voice at work and trade unions are essential for tackling insecurity, inequality and low pay. We will ensure the bill strengthens trade union representatives and brings archaic and prohibitive legislation into the 21st century, with measures including protecting workers from dismissal and blacklisting for trade union activity. The government has agreed to our demand that strike mandates last longer, and has agreed to give unions greater access to workplaces for recruitment and organising purposes 鈥� including digital spaces, which was our key ask here.
- Improved women鈥檚 rights in the workplace. We鈥檙e asking for better workplace protections, including around menopause, equal pay and harassment. These are crucial for ensuring fair conditions in a female-dominated workforce. We also asked for protections for pregnant workers to be expanded, and the government has formally agreed to do this. An amendment means employers will face stricter obligations around redundancy protections for pregnant workers and new parents.
Has the RCN been able to effect change in the bill so far?
Yes, we鈥檙e pleased to say we're making progress. The RCN would like to see statutory parental bereavement leave and pay made available to people who have experienced pregnancy loss before 24 weeks, and have been calling for this publicly. We鈥檝e been working with various officials and organisations on bereavement rights for pregnancy loss. We鈥檝e had confirmation from the government that it will be supporting this change, which is a win for the RCN.
Currently is available to people whose children die under the age of 18, or are stillborn after 24 weeks of pregnancy. These parents get 2 weeks of paid leave.
Some of these terms are confusing. 鈥淪ectoral collective bargaining鈥�, 鈥渆nshrined鈥�. What do they mean?
There鈥檚 a lot of confusing terminology.
Sectoral collective bargaining is when trade unions and employers negotiate agreements that cover all workers in a specific sector, for example, everyone working in adult social care. This sets minimum standards in terms of pay, terms and conditions, which is crucial in stamping out exploitation and individual employer bad practice.
When something is 鈥渆nshrined in law鈥� it means it has legal standing. In this case, it means a future government in 5 or 10 years couldn鈥檛 easily decide to undo these improvements to workers鈥� rights.
We鈥檝e called for sectoral collective bargaining to be enshrined in law, and this is now a step closer to reality.
There will most likely be lots of confusing terms throughout this process, but the RCN is here to help you make sense of everything.
Is the bill a good thing for the nursing workforce?
Yes. These changes could make a huge difference for nursing staff. But the bill has a long way to go before it becomes law, which is why the RCN wants to secure the very best deal for our members. Nursing has its own priorities and deserves to have a voice as the government makes these changes.
Does this affect all of the UK?
The Employment Rights Bill affects workers in England, Scotland and Wales. Northern Ireland has its own, separate employment laws, and a separate process to improve these is ongoing. The RCN in Northern Ireland has been playing a full role in this.
How long will it take for things to change?
It鈥檚 expected that most of the changes in the bill won鈥檛 come into effect until autumn 2026, though a lot of things can affect the timescale of the process, so it鈥檚 important to say we don鈥檛 know for sure. The bill, like any other, will be outlined and then debated by politicians in the House of Commons and the House of Lords. The government has also promised to consult widely. It must go through several stages and must be approved with both houses agreeing on the details before it can become an act (a law).
The good thing about the extended timeframe is that it gives the RCN more time to push for the changes that will help nursing professionals.
What has RCN General Secretary and Chief Executive Professor Nicola Ranger said in response?
鈥淭his bill marks a historic moment for our female-dominated profession, paving the way for the biggest advance in workers鈥� rights in a generation. A fair agreement in social care, enshrined in law, and a new body to root out care worker exploitation are measures the RCN has long been calling for. Raising pay, rights and employment standards in the sector is now a step closer to reality.
鈥淭he repeal of anti-trade union laws is long overdue and nursing staff will no longer be silenced when standing up for their patients. Our profession was the only one to reject the NHS pay award and these reforms will give nursing staff greater power to organise, demand fair pay and improve working conditions.
鈥淚mproving workers鈥� rights won鈥檛 only benefit nursing staff, but the services they work in too. Flexible working, better maternity protections and sick pay from day one aren鈥檛 just important rights, but vital recruitment and retention tools, too.
鈥淭he biggest mistake the government could now make is standing still. These proposals are good, but they can be great. Nursing as a 90% female profession has been held back for so long, and whilst this bill with its broad aims will help, there needs to be a more fundamental shift in how nursing is valued by those in power.
