Employment Rights Bill: what does it mean for nursing staff

What is the Employment Rights Bill? 

The Employment Rights Bill is a proposed new law to advance workers’ rights. It was introduced in parliament by the Labour government on 10 October 2024, as part of promises the party made before the general election in July – what it calls its “Plan to Make Work Pay”. The bill aims to enhance employment protections and transform workplace environments. 

What does the Employment Rights Bill say? 

There are 28 proposed changes to employment law in the bill. What we know so far in terms of how these changes might impact your day-to-day working life includes: 

• unfair dismissal rights from your first day in a job (currently you don’t get these rights for 2 years) 
• statutory sick pay (SSP) from the first day of illness (currently paid from the 4th day) 
• introduction of a lower earnings limit for SSP (currently workers earning less than £123 per week cannot claim SSP) 
• day one rights for paternity, parental and bereavement leave, meaning you’ll benefit from these provisions from the first day of employment  
• flexible working to be made the default position where practical 
• large employers to be required to make action plans to address gender pay gaps and to support employees through the menopause 
• strengthened protections against dismissal for pregnant women and new mothers 
• increased rights for zero-hours contract workers, including entitlement to a reasonable number of shifts and compensation if a shift is cancelled or cut short 
• closing “fire and re-hire" loopholes – e.g. stopping employers from firing workers and rehiring them on lower pay or worse conditions. 

As we find out more, we’ll update this article, so save it somewhere so you can check back for updates. 

What bigger picture things does the RCN welcome in this bill? 

We’ve been campaigning hard against anti-trade union laws which make it more difficult for unions to take strike action and limit workers’ freedom to strike. We’ve also been calling for an end to social care worker exploitation with unscrupulous employers held to account for breaches of employment law. The bill delivers on this by: 

• reversing anti-union and anti-strike legislation put in place by previous Conservative governments, specifically the Strikes (Minimum Service Levels) Act 2023 and some elements of the Trade Union Act 2016
• creating the Fair Work Agency to enforce minimum wage, holiday pay and statutory sick pay policies as well as to safeguard against labour exploitation and modern slavery. 

How will the RCN influence the bill moving forward? 

The RCN is going to push the government to improve working conditions for nursing staff in a number of ways. While this is just the beginning, we will work hard to ensure that the proposals that become law are in the best interest for our members. Our three key areas of focus are outlined below.  

1. A fair pay agreement in social care, built around sectoral collective bargaining (more on that term below). In the UK, there are over 30,000 organisations providing social care. They are crucial to the health and care system but staff are often faced with low pay, insecure employment and inferior terms and conditions.
2. Restoration of trade union rights, giving you greater power to organise, demand fairer pay and negotiate better working conditions. The government has committed to important elements of this, and we are determined to hold them to their word. You should have a voice at work and trade unions are essential for tackling insecurity, inequality and low pay. We will ensure the bill strengthens trade union representatives and brings archaic and prohibitive legislation into the 21st century, with measures including protecting workers from dismissal and blacklisting for trade union activity.
3. Improved women’s rights in the workplace. We’re asking for better workplace protections, including around menopause, equal pay and harassment. These are crucial for ensuring fair conditions in a female-dominated workforce. 

Some of these terms are confusing. “Sectoral collective bargaining”, “enshrined”. What do they mean? 

There’s a lot of confusing terminology.

Sectoral collective bargaining is when trade unions and employers negotiate agreements that cover all workers in a specific sector, for example, everyone working in adult social care. This sets minimum standards in terms of pay, terms and conditions, which is crucial in stamping out exploitation and individual employer bad practice.

When something is “enshrined in law” it means it’s a legal requirement. In this case, it means a future government in 5 or 10 years couldn’t easily decide to undo these improvements to workers’ rights.  

We’ve called for sectoral collective bargaining to be enshrined in law, and this is now a step closer to reality. 

There will most likely be lots of confusing terms throughout this process, but the RCN is here to help you make sense of everything. 

Is the bill a good thing for the nursing workforce? 

Yes. These changes could make a huge difference for nursing staff. But the bill has a long way to go before it becomes law, which is why the RCN wants to secure the very best deal for our members. Nursing has its own priorities and deserves to have a voice as the government makes these changes. 

Does this affect all of the UK? 

The Employment Rights Bill affects workers in England, Scotland and Wales. Northern Ireland has its own, separate employment laws, and a separate process to improve these is ongoing. The RCN in Northern Ireland has been playing a full role in this. 

How long will it take for things to change? 

It’s expected that most of the changes in the bill won’t come into effect until autumn 2026, though a lot of things can affect the timescale of the process, so it’s important to say we don’t know for sure. The bill, like any other, will be outlined and then debated by politicians in the House of Commons and the House of Lords. The government has also promised to consult widely. It must go through several stages and must be approved with both houses agreeing on the details before it can become an act (a law). 

The good thing about the extended timeframe is that it gives the RCN more time to push for the changes that will help nursing professionals. 

What has RCN General Secretary and Chief Executive Professor Nicola Ranger said in response? 

“This bill marks a historic moment for our female-dominated profession, paving the way for the biggest advance in workers’ rights in a generation. A fair agreement in social care, enshrined in law, and a new body to root out care worker exploitation are measures the RCN has long been calling for. Raising pay, rights and employment standards in the sector is now a step closer to reality. 

“The repeal of anti-trade union laws is long overdue and nursing staff will no longer be silenced when standing up for their patients. Our profession was the only one to reject the NHS pay award and these reforms will give nursing staff greater power to organise, demand fair pay and improve working conditions. 

“Improving workers’ rights won’t only benefit nursing staff, but the services they work in too. Flexible working, better maternity protections and sick pay from day one aren’t just important rights, but vital recruitment and retention tools, too. 

“The biggest mistake the government could now make is standing still. These proposals are good, but they can be great. Nursing as a 90% female profession has been held back for so long, and whilst this bill with its broad aims will help, there needs to be a more fundamental shift in how nursing is valued by those in power.”