Workforce


as well as the removal of the compensatory award limit. This elevates the importance of the


probation period and recruitment in making the right decision about who is in your team. Providers can protect themselves by shortening the probation period to three to four months instead and introducing more frequent check-ins to analyse whether this person is right for the role long-term. That way, they’re not waiting until the end to realise something isn’t working or running the risk of missing a deadline to confirm the decision more safely. If a few months in, a hire is still struggling


with medication rounds or can’t manage the pace of the unit, that’s a problem employers will want to catch while they still have flexibility. The ERA makes that early clarity even more important. To avoid costly tribunals, providers


need to move past quick hires made under pressure and take a more thoughtful look at whether a candidate has the right skills and potential to grow. Ultimately, it comes down to understanding what the team needs to thrive from day one and investing in onboarding that actually sets people up for success rather than throwing them straight into the deep end.


What are the changes to zero-hour contracts? Arguably, the reform that has the biggest potential impact for care homes if managers are unprepared is the new rights to guaranteed hours and reasonable notice of shifts. If providers want to start 2027 with rotas that can actually withstand sickness, paternity leave, annual leave and everything else happening at once, they’ll need to rethink how you use zero-hour contracts. Providers that rely heavily on zero- hour arrangements may need to reassess


On top of more unpredictable sickness days, the new day one


parental leave and paternity leave rights can also eat into the team rota


workforce planning as greater protections for workers are introduced. A key change is that if employees work a certain number of hours over a defined period (likely to be 12 weeks), they must be offered a ‘guaranteed hours’ contract reflecting those regular hours. Furthermore, if an agency worker has been working regular shifts with you for 12 weeks, the duty to offer guaranteed hours will also apply to them. And it doesn’t stop there. Providers also


need to give reasonable notice of shifts to anyone on a zero-hour contract. The old habit of calling someone at 6am for a 7am start won’t hold up anymore. The same applies to cancelling shifts – if this happens with late notice and the worker loses pay; that’s now a compliance issue, not just an inconvenience. Again, the solution to this comes from


onboarding employees with the aim of strengthening retention, resulting in a decline in reliance on agency workers before the ERA takes away the option. Providers should also consider hiring


different types of staff, such as part-timers who want extra shifts occasionally, students, and team members who prefer flexible hours. Alternatively, consider if other forms of contract or working pattern may now be easier to administer and more suitable for the needs of the business. Now is the time to give predictable rotas


whenever possible, setting yourself a deadline to issue rotas four weeks before the shift date, so you can see what circumstances are difficult


Quick-fire ERA readiness checklist


n Make updated policies easily accessible to all staff


n Train all managers on the April changes and practical implications


n Review and update employee handbooks to reflect all April changes


n Update employment contract templates for new starters


n Update all relevant HR policies n Strengthen recruitment decisions - slow down rushed hiring with a basic criteria for optimal team members


n Review collective redundancy procedures


n Tighten probation process n Review onboarding processes with team feedback


n Review all zero-hour contracts n Create a return-to-work interview template and issue to all managers with defined expectations


n Communicate changes to all employees clearly


n Test processes with real scenarios Gill McAteer


With over 30 years of legal experience, Gill McAteer brings unrivalled expertise to the world of employment law. Her career began in private practice, advising clients across a wide range of sectors, before she joined Citation in 2003. Since stepping into her current role as director of employment law in 2021, she has supported thousands of businesses through ever-changing legislation and complex HR challenges.


to plan for and find the solutions now. The ERA is an unavoidable reality for care


homes. Providers now face a choice: wait until the final deadline forces change upon them or use this transition period to get ahead and implement the reforms on their own terms. Many care homes, especially independents,


are already behind on the later phases of this multistage transformation. But that phased structure is exactly what gives employers room to breathe. Those who use this window well will be


in a far stronger position than those who don’t because, while the financial impact of the ERA is unavoidable, the real cost comes from unsupported staff and reactive decision-making that could land you with legal penalisation. Preparing now is about more than just compliance; it’s about strengthening the foundations of your workforce and team dynamics for your long- term stability. n


40 www.thecarehomeenvironment.com September 2026


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