8 good reasons why adult social care needs sectoral collective bargaining

Hayes, Lydia

doi:10.13169/instemplrighj.2.1.0004

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8 good reasons why adult social care needs sectoral collective bargaining

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Author(s): Dr Lydia Hayes

Publication date (Print): 1 January 2019

Journal: Institute of Employment Rights Journal

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Journal ID (doi): 10.2307/j50020018

Journal ID (jcode): instemplrighj

Title: Institute of Employment Rights Journal

Publisher: Pluto Journals

ISSN: 2398-1326

ISSN: 2398-1334

Publication date (Print): 1 January 2019

Volume: 2

Issue: 1 ( doiID: 10.13169/instemplrighj.2.issue-1 )

Pages: 4-27

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DOI: 10.13169/instemplrighj.2.1.0004

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Notes

LJB Hayes (2017) Stories of Care: A Labour of Law. Gender and class at work, Palgrave Macmillan.
For an overview see LJB Hayes and T Novitz (2014) Trade Unions and Economic Inequality, Institute of Employment Rights.
Institute of Health Equity (2017) Marmott Indicators.
M Padley and D Hirsch (2017) A Minimum Income Standard for the UK in 2017, Joseph Rowntree Foundation.
H Wheatley (2017) The Rise of ‘Bad Jobs’, New Economics Foundation. Retrieved from http://neweconomics.org/2017/08/bad_jobs/
Comprehensive analysis and recommendations are set out in K Ewing, J Hendy and C Jones (Eds) (2016) A Manifesto for Labour Law, Institute of Employment Rights; see also K Ewing and J Hendy (2013) Reconstruction After the Crisis. A Manifesto for Collective Bargaining, Institute of Employment Rights.
C Briggs, G Meagher and K Healy (2007) Becoming an Industry: The Struggle of Social and Community Workers for Award Coverage 1976–2001, Journal of Industrial Relations, 49(4).
Data from 2012 is the most recent available see ICF GHK (2013) The Economic Value of the Social Care Sector in England, Skills for Care.
S Davidson and G Polzin (2016) The State of the Adult Social Care Sector and Workforce in England September 2016, Skills for Care.
See note 1 above, page 55.
Ibid, page 6.
S Davidson and G Polzin, see note 9 above.
Ibid.
See note 1 above, page 67.
P Mullan (2000) The Imaginary Time Bomb, IB Tauris.
Gilmour S (2017) The future burden of disability in the UK: The time for urgent action is now, The Lancet Public Health, 2(7).
In the UK, there are currently 854,000 workers who have given up their employment to become unpaid family careers. See stats at https://carers.org/key-facts-about-carers-and-people-they-care
See note 1 above, page 13.
Quote taken from homepage at http://nationalcareassociation.org.uk/
A Kingston et al (2017) Is late life dependency increasing or not? A comparison of the cognitive function and aging studies (CFAS), The Lancet, published online 15th August 2017.
See note 3 above.
LJB Hayes (2015), Sex, Class and CCTV, in L Adkins and M Dever (Eds) The Post-Fordist Sexual Contract. Working and Living in Contingency, Palgrave MacMillan.
See note 1 above, page 72.
J Rubery et al (2011) The Recruitment and Retention of a Care Workforce for Older People, Department of Health.
C Atkinson et al (2016) Factors that affect the recruitment and retention of domiciliary care workers and the extent to which these factors impact upon the quality of domiciliary care: Interim findings summary, Welsh Government; D Boffey (2015) Cash-starved, demoralised, and sometimes cruel: How England's social care system fails the most vulnerable. The Observer, 8 August.
See note 20 above.
I Bessa et al (2013) The National Minimum Wage, earnings and hours in the domiciliary care sector. University of Leeds and Low Pay Commission; UNISON (2016) Suffering alone at home: A report on the lack of time in our homecare system; D Kingsmill (2014) The Kingsmill Review: Taking Care. An Independent Report into working conditions in the care sector; L Gardiner and S Hussein (2015) As if we cared? The costs and benefits of a living wage for social care workers. Resolution Foundation; K Poinasamy and L Fooks (2009) Who Cares? How best to protect UK care workers? Oxfam; EHRC (2011) Close to home: An inquiry into older people and human rights in home care. Equality and Human Rights Commission; UKHCA (2012) Care is not a commodity. United Kingdom Homecare Association; National Audit Office (2014) Adult social care in England: Overview. Report by the Comptroller and Auditor General, Department of Health and the Department for Communities and Local Government; C Skidmore MP (2012) The social care market: Fixing a broken system. Free Enterprise Group; HMRC (2013) National Minimum Wage compliance in the social care sector. Evaluation Report published November 2013; I Koehler (2014) Key to Care. Report of the Burstow Commission on the future of the home care workforce, Local Government Information Unit, Retrieved from http://www.lgiu.org.uk/wp-content/uploads/2014/12/KeyToCare.pdf
L Tickle (2017) Modern Slavery: The next scandal in the social care sector? The Guardian Newspaper 26th June; N Slawson (2017) Modern slavery ‘probably exists’ in the Welsh social care sector. The Guardian Newspaper 30th June.
For example, approximately 97% (England), 80% (Wales), 75% (Scotland) of workers providing care at home are not directly employed by local authorities.
D Kingsmill (2014) note 27 above, page 3; Koehler (2014) note 27 above, page 5.
See note 1 above, page 83.
As note 30 above.
A Wood (2016) Flexible scheduling, degradation of job quality and barriers to collective voice, Human Relations, 69(10).
Ibid; JM Ravalier et al (2017) The influence of zero-hours contracts on care worker well-being, Occupational Medicine, kqx043, Doi:10.1093/occmed/ kqx043; M McKee et al (2017) Living on the edge: precariousness and why it matters for health, Archives of Public Health, 75(13); C Atkinson see note 25 above.
See note 1 above, page 6.
See note 1 above, page 3.
E Palmer and J Eveline (2012) Sustaining low pay in aged care work. Gender, Work and Organization, 19(3); LJB Hayes, see note 1 above, pages 114–152.
H Clark et al (2004) ‘It Pays Dividends’ Direct Payments and Older People, Policy Press; P Scourfield (2005) Implementing the Community Care (Direct Payments) Act: Will the supply of personal assistants meet the demand and at what price? Journal of Social Policy, 34(3).
P Scourfield see note 38 above; F Hasler and S Marshall (2013) Trust is the key: Increasing the take-up of direct payments. Think Local Act Personal and Disability Rights UK; J Morris (2004) Independent living and community care: A disempowering framework. Disability & Society, 19(5).
ACAS (2013) Disabled and elderly people and their personal assistants: the challenges of a unique employment relationship. Policy Discussion Paper.
Exemption set out at section 51 for ‘domestic service’ is thought to include basic personal care, personal services and other domestic tasks, i.e. if an individual employs a worker to help with washing, dressing and feeding at mealtimes they would not be an employer under HSWA as the care would be described as domestic service.
Care Quality Commission (2017) The State of Adult Social Care Services 2014–2017; C Atkinson see note 25 above; EHRC see note 27 above; National Audit Office see note 27 above; J Lewis and A West (2014) Re-shaping social care services for older people in England: Policy development and the problem of achieving ‘good care’. Journal of Social Policy, 43(1).
D Whitfield (2015) The New Health and Social Care Economy, European Services Strategy Unit. Retrieved from https://www.european-services-strategy.org.uk/wp-content/uploads/2015/07/new-health-social-care-economy-full-report.pdf
See note 1 above, page 6.
E Pavolini and C Ranci (2008) Restructuring the Welfare State: Reforms in long-term care in Western European countries. Journal of European Social Policy, 18(3).
J Forder et al (1996) Competition in the mixed economy of care. Journal of Social Policy, 25(2).
J Lewis and H Glennerster (1996) Implementing the New Community Care, Open University Press.
R Rhodes (2005) The hollowing out of the State: The changing nature of public service in Britain. The Political Quarterly, 65(2), page 146.
D Brindle (2017) Safety Alert as watchdog warns that 1 in 3 nursing homes is failing. The Guardian 6th July.
See note 3 above.
Parliamentary and Health Service Ombudsman Survey of Gransnet members on hospital care and treatment of an older relative (2017). Retrieved from https://www.ombudsman.org.uk/publications/survey-gransnet-members-hospital-care-and-treatment-older-relative and as reported in http://www.telegraph.co.uk/news/2017/08/17/elderly-patients-forced-wear-adult-nappies-nurses-busy/
ADASS (2015) Budget Survey Report 2015.
See note 1 above, page 13.
Citizens' Advice Bureau (2016) Just about managing. Retrieved from https://www.citizensadvice.org.uk/about-us/policy/policy-research-topics/work-policy-research-surveys-and-consultation-responses/work-policy-research/just-about-managing/
R (UNISON) v Lord Chancellor [2017] UKSC 51.
LJB Hayes (2017) Tackling Exploitation in Low-waged Work: Labour Standards Regulation for Wales, Public Policy Institute.
FLEX (2015) Policy Blueprint, Combatting Labour Exploitation through Labour Inspection. Data drawn from page 3.
[2014] IRLR 176.
A Barej (2017) Enforcement action over overnight care pay suspended, Public Finance. Retrieved from http://www.publicfinance.co.uk/news/2017/07/enforcement-action-over-overnight-care-pay-suspended
See note 1 above, page 133.
United Kingdom Homecare Association, Open letter to the Prime Minister, 20th June 2017. Retrieved from https://www.ukhca.co.uk/mediastatement_information.aspx?releaseID=234084
ADASS (2017) Budget Survey. Retrieved from https://www.adass.org.uk/media/5994/adass-budget-survey-report-2017.pdf
See note 1 above; see also R Cooper (2014) Low-paid care work, Bargaining and Employee Voice in Australia, in Bogg A and Novitz T (Eds) Voices at Work, Oxford University Press.
K Ewing, J Hendy and C Jones (Eds) (2016) A Manifesto for Labour Law, Institute of Employment Rights.
N Cortis and G Meagher (2012) Recognition at last: care work and the equal remuneration case, Journal of Industrial Relations, 54(3).
F Macdonald and S Charlesworth (2013) Equal Pay under the Fair Work Act 2009, University of New South Wales Law Journal, 35(2).
C Cranford (2005) From Precarious Workers to Unionized Employees and Back Again, in Fudge J et al (Eds) Self- employed Workers Organise: Law, Policy and Unions, McGill-Queens University Press; J Aronsen, M Denton, S Neysmith (2004) Market-modelling homecare in Ontario: Deteriorating working conditions and dwindling community capacity, Canadian Public Policy, 30(1).
E Boris and J Klein (2006), Organizing homecare: Low-waged workers in the welfare state, Politics and Society, 34(1).
L Delp and K Quann (2002) Homecare worker organizing in California: A analysis of a successful strategy, Labor Studies Journal, 27(1).
G Davidov ‘Collective Bargaining Laws: Purpose and Scope’ (2004) 20 International Journal of Comparative Labour Law and Industrial Relations, 81; F Fakhfakh et al 'Workplace Change and Productivity: Does Employee Voice make a difference? in S Hayter (ed) The Role of Collective Bargaining in the Global Economy; M Lawrence and C McMeill (2014) Fair Shares: Shifting the Balance of Power in the Workplace to Boost Productivity and Pay (IPPR).

Comments

Comment on this article

[1] LJB Hayes (2017) Stories of Care: A Labour of Law. Gender and class at work, Palgrave Macmillan.

[2] For an overview see LJB Hayes and T Novitz (2014) Trade Unions and Economic Inequality, Institute of Employment Rights.

[3] Institute of Health Equity (2017) Marmott Indicators.

[4] M Padley and D Hirsch (2017) A Minimum Income Standard for the UK in 2017, Joseph Rowntree Foundation.

[5] H Wheatley (2017) The Rise of ‘Bad Jobs’, New Economics Foundation. Retrieved from http://neweconomics.org/2017/08/bad_jobs/

[6] Comprehensive analysis and recommendations are set out in K Ewing, J Hendy and C Jones (Eds) (2016) A Manifesto for Labour Law, Institute of Employment Rights; see also K Ewing and J Hendy (2013) Reconstruction After the Crisis. A Manifesto for Collective Bargaining, Institute of Employment Rights.

[7] C Briggs, G Meagher and K Healy (2007) Becoming an Industry: The Struggle of Social and Community Workers for Award Coverage 1976–2001, Journal of Industrial Relations, 49(4).

[8] Data from 2012 is the most recent available see ICF GHK (2013) The Economic Value of the Social Care Sector in England, Skills for Care.

[9] S Davidson and G Polzin (2016) The State of the Adult Social Care Sector and Workforce in England September 2016, Skills for Care.

[10] See note 1 above, page 55.

[11] Ibid, page 6.

[12] S Davidson and G Polzin, see note 9 above.

[13] Ibid.

[14] See note 1 above, page 67.

[15] P Mullan (2000) The Imaginary Time Bomb, IB Tauris.

[16] Gilmour S (2017) The future burden of disability in the UK: The time for urgent action is now, The Lancet Public Health, 2(7).

[17] In the UK, there are currently 854,000 workers who have given up their employment to become unpaid family careers. See stats at https://carers.org/key-facts-about-carers-and-people-they-care

[18] See note 1 above, page 13.

[19] Quote taken from homepage at http://nationalcareassociation.org.uk/

[20] A Kingston et al (2017) Is late life dependency increasing or not? A comparison of the cognitive function and aging studies (CFAS), The Lancet, published online 15th August 2017.

[21] See note 3 above.

[22] LJB Hayes (2015), Sex, Class and CCTV, in L Adkins and M Dever (Eds) The Post-Fordist Sexual Contract. Working and Living in Contingency, Palgrave MacMillan.

[23] See note 1 above, page 72.

[24] J Rubery et al (2011) The Recruitment and Retention of a Care Workforce for Older People, Department of Health.

[25] C Atkinson et al (2016) Factors that affect the recruitment and retention of domiciliary care workers and the extent to which these factors impact upon the quality of domiciliary care: Interim findings summary, Welsh Government; D Boffey (2015) Cash-starved, demoralised, and sometimes cruel: How England's social care system fails the most vulnerable. The Observer, 8 August.

[26] See note 20 above.

[27] I Bessa et al (2013) The National Minimum Wage, earnings and hours in the domiciliary care sector. University of Leeds and Low Pay Commission; UNISON (2016) Suffering alone at home: A report on the lack of time in our homecare system; D Kingsmill (2014) The Kingsmill Review: Taking Care. An Independent Report into working conditions in the care sector; L Gardiner and S Hussein (2015) As if we cared? The costs and benefits of a living wage for social care workers. Resolution Foundation; K Poinasamy and L Fooks (2009) Who Cares? How best to protect UK care workers? Oxfam; EHRC (2011) Close to home: An inquiry into older people and human rights in home care. Equality and Human Rights Commission; UKHCA (2012) Care is not a commodity. United Kingdom Homecare Association; National Audit Office (2014) Adult social care in England: Overview. Report by the Comptroller and Auditor General, Department of Health and the Department for Communities and Local Government; C Skidmore MP (2012) The social care market: Fixing a broken system. Free Enterprise Group; HMRC (2013) National Minimum Wage compliance in the social care sector. Evaluation Report published November 2013; I Koehler (2014) Key to Care. Report of the Burstow Commission on the future of the home care workforce, Local Government Information Unit, Retrieved from http://www.lgiu.org.uk/wp-content/uploads/2014/12/KeyToCare.pdf

[28] L Tickle (2017) Modern Slavery: The next scandal in the social care sector? The Guardian Newspaper 26th June; N Slawson (2017) Modern slavery ‘probably exists’ in the Welsh social care sector. The Guardian Newspaper 30th June.

[29] For example, approximately 97% (England), 80% (Wales), 75% (Scotland) of workers providing care at home are not directly employed by local authorities.

[30] D Kingsmill (2014) note 27 above, page 3; Koehler (2014) note 27 above, page 5.

[31] See note 1 above, page 83.

[32] As note 30 above.

[33] A Wood (2016) Flexible scheduling, degradation of job quality and barriers to collective voice, Human Relations, 69(10).

[34] Ibid; JM Ravalier et al (2017) The influence of zero-hours contracts on care worker well-being, Occupational Medicine, kqx043, Doi:10.1093/occmed/ kqx043; M McKee et al (2017) Living on the edge: precariousness and why it matters for health, Archives of Public Health, 75(13); C Atkinson see note 25 above.

[35] See note 1 above, page 6.

[36] See note 1 above, page 3.

[37] E Palmer and J Eveline (2012) Sustaining low pay in aged care work. Gender, Work and Organization, 19(3); LJB Hayes, see note 1 above, pages 114–152.

[38] H Clark et al (2004) ‘It Pays Dividends’ Direct Payments and Older People, Policy Press; P Scourfield (2005) Implementing the Community Care (Direct Payments) Act: Will the supply of personal assistants meet the demand and at what price? Journal of Social Policy, 34(3).

[39] P Scourfield see note 38 above; F Hasler and S Marshall (2013) Trust is the key: Increasing the take-up of direct payments. Think Local Act Personal and Disability Rights UK; J Morris (2004) Independent living and community care: A disempowering framework. Disability & Society, 19(5).

[40] ACAS (2013) Disabled and elderly people and their personal assistants: the challenges of a unique employment relationship. Policy Discussion Paper.

[41] Exemption set out at section 51 for ‘domestic service’ is thought to include basic personal care, personal services and other domestic tasks, i.e. if an individual employs a worker to help with washing, dressing and feeding at mealtimes they would not be an employer under HSWA as the care would be described as domestic service.

[42] Care Quality Commission (2017) The State of Adult Social Care Services 2014–2017; C Atkinson see note 25 above; EHRC see note 27 above; National Audit Office see note 27 above; J Lewis and A West (2014) Re-shaping social care services for older people in England: Policy development and the problem of achieving ‘good care’. Journal of Social Policy, 43(1).

[43] D Whitfield (2015) The New Health and Social Care Economy, European Services Strategy Unit. Retrieved from https://www.european-services-strategy.org.uk/wp-content/uploads/2015/07/new-health-social-care-economy-full-report.pdf

[44] See note 1 above, page 6.

[45] E Pavolini and C Ranci (2008) Restructuring the Welfare State: Reforms in long-term care in Western European countries. Journal of European Social Policy, 18(3).

[46] J Forder et al (1996) Competition in the mixed economy of care. Journal of Social Policy, 25(2).

[47] J Lewis and H Glennerster (1996) Implementing the New Community Care, Open University Press.

[48] R Rhodes (2005) The hollowing out of the State: The changing nature of public service in Britain. The Political Quarterly, 65(2), page 146.

[49] D Brindle (2017) Safety Alert as watchdog warns that 1 in 3 nursing homes is failing. The Guardian 6th July.

[50] See note 3 above.

[51] Parliamentary and Health Service Ombudsman Survey of Gransnet members on hospital care and treatment of an older relative (2017). Retrieved from https://www.ombudsman.org.uk/publications/survey-gransnet-members-hospital-care-and-treatment-older-relative and as reported in http://www.telegraph.co.uk/news/2017/08/17/elderly-patients-forced-wear-adult-nappies-nurses-busy/

[52] ADASS (2015) Budget Survey Report 2015.

[53] See note 1 above, page 13.

[54] Citizens' Advice Bureau (2016) Just about managing. Retrieved from https://www.citizensadvice.org.uk/about-us/policy/policy-research-topics/work-policy-research-surveys-and-consultation-responses/work-policy-research/just-about-managing/

[55] R (UNISON) v Lord Chancellor [2017] UKSC 51.

[56] LJB Hayes (2017) Tackling Exploitation in Low-waged Work: Labour Standards Regulation for Wales, Public Policy Institute.

[57] FLEX (2015) Policy Blueprint, Combatting Labour Exploitation through Labour Inspection. Data drawn from page 3.

[58] [2014] IRLR 176.

[59] A Barej (2017) Enforcement action over overnight care pay suspended, Public Finance. Retrieved from http://www.publicfinance.co.uk/news/2017/07/enforcement-action-over-overnight-care-pay-suspended

[60] See note 1 above, page 133.

[61] United Kingdom Homecare Association, Open letter to the Prime Minister, 20th June 2017. Retrieved from https://www.ukhca.co.uk/mediastatement_information.aspx?releaseID=234084

[62] ADASS (2017) Budget Survey. Retrieved from https://www.adass.org.uk/media/5994/adass-budget-survey-report-2017.pdf

[63] See note 1 above; see also R Cooper (2014) Low-paid care work, Bargaining and Employee Voice in Australia, in Bogg A and Novitz T (Eds) Voices at Work, Oxford University Press.

[64] K Ewing, J Hendy and C Jones (Eds) (2016) A Manifesto for Labour Law, Institute of Employment Rights.

[65] N Cortis and G Meagher (2012) Recognition at last: care work and the equal remuneration case, Journal of Industrial Relations, 54(3).

[66] F Macdonald and S Charlesworth (2013) Equal Pay under the Fair Work Act 2009, University of New South Wales Law Journal, 35(2).

[67] C Cranford (2005) From Precarious Workers to Unionized Employees and Back Again, in Fudge J et al (Eds) Self- employed Workers Organise: Law, Policy and Unions, McGill-Queens University Press; J Aronsen, M Denton, S Neysmith (2004) Market-modelling homecare in Ontario: Deteriorating working conditions and dwindling community capacity, Canadian Public Policy, 30(1).

[68] E Boris and J Klein (2006), Organizing homecare: Low-waged workers in the welfare state, Politics and Society, 34(1).

[69] L Delp and K Quann (2002) Homecare worker organizing in California: A analysis of a successful strategy, Labor Studies Journal, 27(1).

[70] G Davidov ‘Collective Bargaining Laws: Purpose and Scope’ (2004) 20 International Journal of Comparative Labour Law and Industrial Relations, 81; F Fakhfakh et al 'Workplace Change and Productivity: Does Employee Voice make a difference? in S Hayter (ed) The Role of Collective Bargaining in the Global Economy; M Lawrence and C McMeill (2014) Fair Shares: Shifting the Balance of Power in the Workplace to Boost Productivity and Pay (IPPR).