Workforce
How care homes can prepare for the employment rights act phased rollout
The first set of Employment Rights Act (ERA) reforms came into force earlier this year, and more changes are expected throughout the next two years. Gill McAteer explains how these changes could fundamentally shift the dynamics within care homes.
The Employment Rights Act 2025 brings an overhaul to businesses across every sector, but for care homes in particular, it brings something far more transformative. From unfair dismissal changes to complete Statutory Sick Pay (SSP) reform, the last time there were changes to this scale was when the last Employment Rights Act was introduced 30 years ago. A sector that continuously calls for
vacancies to be filled and relies closely on zero-hour contracts to meet fluctuating demands now requires a fundamental rethink of how it both structures and supports its workforce model under the updated ERA. How do care managers even begin to
tackle the rollout of changes without causing disruptions to service? And what needs prioritising first, in line with different
deadlines, when everything feels urgent? The answer lies in understanding the
timeline of the rollout and the operational realities that make the care sector both vulnerable and capable of meaningful change.
Why does the ERA matter more in care, and what changes now? The evolution of the Employment Rights Act 1996 has been a long time coming, but it finally became law at the end of December last year. Rather than landing all at once, the 26 reforms are being rolled out in stages across 2026 and 2027, reshaping employment rights in waves that care homes will need to keep pace with. This means that there is time to prepare,
and providers should utilise it. The phased rollout creates a natural order of priorities, so the reforms don’t hit the sector as one
overwhelming shock. Collectively, these reforms give enhanced
and empowered protections to staff in cases of unfair dismissals, and they have the right to request predictable working patterns. For busy care homes, the ERA isn’t just
another compliance exercise; it marks a fundamental and structural difference to how the workplace has operated for decades. A 2025 Skills for Care report revealed 10 per cent of the workforce are on zero-hour contracts, while a 4.7 per cent vacancy rate continues to hold steady. On top of this, frequent turnover can drum up high costs for care homes – in the most recent annual adult social care report, around three quarters (74 per cent) of providers responded that recruitment is challenging, while well over half (58.5 per cent) reported the same for retention.
September 2026
www.thecarehomeenvironment.com 37
Tinashe N/
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