Negotiating bodies

There is no uniformity of pay across the adult social care sector. Pay must be subject to the National Minimum Wage legislation but there are no further sector wide agreements on pay beyond any collectively bargained agreements with particular trade unions and employers.

The ERA gives the Government new powers to establish a sector-wide negotiating body: the Adult Social Care Negotiating Body. This body will comprise of representatives of employers and unions within the sector but not the Secretary of State. However, the Secretary of State will then ratify agreements which the negotiating body make so that these agreements are then reflected in the terms and conditions of workers across the sector and are binding on all employers. The Government’s March amendments to the ERA include a provision whereby the Welsh Ministers and the Scottish Ministers (with the agreement of the Secretary of State) can establish negotiating bodies for Wales and Scotland respectively. These Welsh and Scottish negotiating bodies may consider matters relating to individuals working in adult or children’s social care whereas the English body will only be concerned with those employed with adults over 18 years.

In addition, following Government amendments on 7 July 2025, any agreement made by the negotiating body cannot alter the existing terms and conditions of employment to a worker’s detriment and any regulations made by an appropriate authority where agreement cannot be reached will not amend existing terms and conditions to the worker’s detriment. Any guidance or code of practice issued under legislation related to the negotiating body must be laid before Parliament and subject to approval procedures outlined in regulations.

The July 2025 Roadmap has confirmed that regulations to establish the Adult Social Care Negotiating Body will be brought forward in October 2026. It’s not clear from the wording of the Roadmap whether this means the regulations will be published or they will take effect from that date.

The consultation on this provision was published on 20 October 2025 and closes on 16 January 2026. It can be found here. For more information on the contents of this consultation, please read our update here.

Fact sheet outlining the Government’s intention with this provision.

There is no pay body which negotiates the pay of school support staff. They are employed on terms and conditions set out by the National Joint Council for Local Government Services. Support staff therefore do not currently have a direct voice into the negotiations and agreement of their terms and conditions.

The ERA will establish a School Support Staff Negotiating Body, with a remit in relation to pay, terms and conditions of employment, training, and career progression of school support staff in England. ‘School support staff’ is defined as persons employed in maintained schools and academies in England who are not qualified teachers or persons of descriptions prescribed in regulations. The body itself will comprise of employee and employer representatives, a representative from the Secretary of State and an independent chair.

The July 2025 Roadmap confirms the Government will consult on reinstating the SSSNB but no details are given as to the date this body will be established.

Fact sheet outlining the Government’s intention with this provision.