FINANCE & LEGAL
EMPLOYMENT LAW: PAST, PRESENT, FUTURE
As we close out the year, Hannah Strawbridge, Employment Solicitor & Director at Inspire Legal Group, looks at some of the key developments that shaped the sector in 2025, what they’ve meant in practice for care homes, and what you need to prepare for as we head into 2026.
This year has been another transformative year for employment law– and few sectors have felt the impact more acutely than adult social care. With persistent staffing shortages, rising compliance demands, and a workforce that is increasingly aware of its rights, care providers have had to work harder than ever to stay ahead of legal change. Let’s take a look at some of the developments that have shaped the sector over the past 12 months.
DAY-ONE FLEXIBLE WORKING RIGHTS – AND THE RISE IN REQUESTS
One of the most significant developments this year was the shiſt to day-one rights to request flexible working. Unsurprisingly, the care sector has seen a spike in applications for reduced hours, fixed shiſts, later starts, and condensed weeks, oſten from recruits still in probation.
For providers, this has created real operational challenges. We’ve been advising several care homes this year that were suddenly managing multiple competing requests from employees whose roles simply require physical presence on the floor.
Our guidance has focused on tightening policies, documenting decisions (a recurring issue), and ensuring managers understand the statutory grounds for refusal. A well-reasoned decision is defensible; a poorly documented one almost never is.
Practical tip: Train your home managers now. Most disputes we’ve supported on could have been avoided with earlier, better- structured conversations.
EXTENDED REDUNDANCY PROTECTION FOR PREGNANCY AND FAMILY LEAVE
New protections for pregnant workers and new parents have also had major implications for the sector. Anyone who is pregnant, on maternity/adoption/shared parental leave – or who has recently returned, now receives priority status in redundancy selection.
For care homes restructuring teams or consolidating sites, this has added a layer of complexity. We recently supported a regional provider whose restructuring exercise involved several staff on family leave; the business had no choice but to offer them alternative roles ahead of others. The key was planning early and consulting clearly to avoid grievances.
Practical tip: Before starting any restructure, map out who has enhanced protection and factor this into your scoring and redeployment options.
THE NEW CARING AND CARER’S LEAVE LANDSCAPE
The introduction of statutory carer’s leave, plus more generous rules around dependants’ leave, has been particularly relevant in
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a sector where many employees already balance complex caring responsibilities of their own.
For some providers, this has increased short-notice absence. One group we advised this summer saw a 40% rise in carers’ leave notifications within two months, causing rota gaps and agency spend.
Practical tip: Build carer’s leave into your absence triggers and rota planning. You can’t refuse the leave, but you can ensure it is managed consistently.
HOLIDAY PAY REFORM FOR IRREGULAR HOURS AND PART-YEAR WORKERS
Care homes rely heavily on bank staff, agency workers and irregular-hours staff. The 2025 holiday pay reforms introduced rolled-up holiday pay and new calculation methods which have been hugely helpful for many in the sector. However, they’ve also created risk where providers have continued using outdated methods.
www.tomorrowscare.co.uk
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