This will be an ongoing duty. Qualifying workers will also be given a right to reasonable notice of shiſts and compensation for cancelled, moved or curtailed shiſts. It is also intended that these rights will cover agency workers, with the hirer having responsibility for offering guaranteed hours.
These changes are expected to be implemented in 2027, with much of the detail set out in regulations. This change is particularly important for the care sector, as staffing models are heavily reliant on flexible, short-term arrangements including zero hours contracts. Care sector employers who rely on casual, zero- or low-hours contracts will need to review staffing arrangements and assess who may be entitled to receive a guaranteed hours contract. Employers will also need to assess how they notify individuals of shiſts, if this is traditionally offered with short notice, as more time will need to be given to planning shiſts and giving notice.
HARASSMENT PROTECTIONS
As employers will be aware, a new duty to prevent sexual harassment came into force in October 2024. This law placed a separate legal requirement on all employers to take proactive measures to prevent sexual harassment. The ERB will extend the duty so that employers are required to take 'all' reasonable steps to prevent sexual harassment. It will also introduce direct liability for employers if they fail to take all reasonable steps to prevent harassment of employees by third parties, in relation to all protected characteristics and not just sexual harassment. This is due to come into force in October 2026.
Some practical steps which employers can take include: • Signposting to support mechanisms for employees experiencing harassment from third parties.
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Including a specific/more detailed protocol of action managers should take once a report of harassment has been reported to ensure consistency in treatment of complaints.
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or third parties interact with employees which set out that threats, violence and harassment will not be tolerated and detailing where such conduct can be reported by bystanders.
• Anonymous staff surveys – questions to focus on understanding the 'reporting gap' (meaning how many people have faced harassment but not reported it, and why), and establishing what further steps staff think could reasonably be taken.
• Review and update policies to account for this new duty and include reference to these points and recommendations.
SOCIAL CARE NEGOTIATING BODY – FAIR PAY AGREEMENT
The ERB is also proposing to establish a Social Care Negotiating Body, in each of England, Wales and Scotland, with the intention of creating a fair pay agreement for adult social care workers. This body would consist of employer and trade union representatives, and would help create sector-wide agreements to address recruitment and retention issues in the social care industry. On 30 September 2025, the government announced a consultation on the fair pay agreement process in England. It is expected that regulations will establish the Adult Social Care Negotiating Body in October 2026, following which negotiations on pay and conditions will be conducted in 2027, with the intention of introducing the changes into the social sector the following year. The intention behind this body is to enhance pay and conditions and help improve retention within the care sector.
Looking ahead, care sector employers will need to consider the cost and compliance implications of the new ERB changes and factor this into their future financial and staffing planning. Contracts, policies and practices should be reviewed and employers should communicate effectively with staff and managers to advise on the upcoming changes, and offer training where needed.
• Considering installing visible signs in areas where clients
www.walkermorris.co.uk www.tomorrowscare.co.uk
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