8 good reasons why adult social care needs sectoral collective bargaining

• DOI: https://doi.org/10.13169/instemplrighj.2.1.0004
• Pages: 4-27
• Published date: 01 January 2019
• Date: 01 January 2019
• Author: Lydia Hayes

8 good reasons why adult social care needs sectoral collective bargaining

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8 good reasons why adult social care

needs sectoral collective bargaining

Dr Lydia Hayes

In the UK’s adult social care industry, the need for sectoral collective bargain-

ing is nothing short of urgent. This booklet draws on research based on the

opinions and experiences of care workers that was published in 2017 as

Stories of Care: A Labour of Law.1 By sharing some of that book’s findings, this

booklet identifies the enormous benefits that collective bargaining could

bring to both adult social care workers and the people for whom they care. It

also supports the industrial strategy set out in the Labour Party manifesto,

‘For the many not the few’, which commits the next Labour government to

‘roll out sectoral collective bargaining – because the most effective way to

maintain good rights at work is collectively through a union’.

Good quality jobs are desperately needed in adult social care. The appalling

truth is that in every corner of the UK, families are being let down by inadequate

care provision, disabled people are suffering and workers are expected to toler-

ate unacceptable standards of employment and a gross disregard for their caring

knowledge and expertise. Sectoral collective bargaining could change this.

In 2016, the Institute of Employment Rights brought together leading employ-

ment law experts to write A Manifesto for Labour Law. The central message is:

Government action is needed to ensure collective bargaining across industries

so that the voices of Britain’s workers can be heard and respected. Its compact,

authoritative and accessible recommendations are informing debates across the

labour and trade union movement. This booklet aims to add to that debate with

eight good reasons why adult social care needs sectoral collective bargaining.

What is sectoral collective bargaining?

Sectoral collective bargaining is a system for setting terms and condi-

tions of employment across industries. Collective bargaining takes place

in many countries around the world and was very important in Britain

for at least 50 years after the end of the First World War. Setting terms

8 good reasons why adult social care needs sectoral collective bargaining

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and conditions of employment through collective bargaining helped to

ensure that working people were not ripped off by their bosses and

could enjoy a fair share of the UK’s economic wealth. At its height, 82%

of UK workers benefitted from collective bargaining.

How sectoral collective bargaining works

Sectoral collective bargaining puts democratic participation and decision-

making into action in the economy. Employers join employers’ associations

so that their interests and concerns can be jointly represented, and the

interests and concerns of working people are represented through their

membership of trade unions. Both sides come together to negotiate a deal

for their industry. This is written up as a collective agreement that details

the minimum standards that will apply (including pay, holidays, training,

sick pay, apprenticeships and much more). Sectoral collective agree-

ments can be enforced in law. However, evidence points to a strong track

record in which agreements are respected and applied on a day-to-day

basis because they create a level playing field for all employers across an

industry and workers are aware of the standards set out in the agreement

because they have been consulted and involved.2

Why is sectoral collective bargaining a good idea?

Since the 1980s, the setting of terms and conditions at work has increas-

ingly moved towards a ‘take it or leave it’ system in which individuals have

had little choice but to accept whatever an employer offers. Under this sys-

tem, employers compete with one another to drive down labour costs and

Parliament has had to intervene by setting statutory minimum standards.

However, these minimum standards are insufficient to enable working

people to lead a healthy life.3 For example, the government claimed that

the introduction of a higher-rate National Living Wage would improve living

standards but families are now worse off because the policy failed to reflect