Employment Rights Bill: What it means for NHS workforce management
The UK Government has announced amendments to the Employment Rights Bill, aiming to improve job security, wages, and working conditions. While much of the focus has been on zero-hours contracts and statutory sick pay, these changes could also impact NHS workforce management, particularly in temporary staffing. We’ve broken down a few of the key changes and takeaways for NHS organisations and workforce managers:
More stability for the NHS agency and temporary workforce
The Bill ensures that all workers, including up to 900,000 agency staff, can access contracts that reflect the hours they regularly work. While this improves job security for clinicians, it also means NHS trusts will be required to review how they engage with temporary staff. As a result, organisations relying on flexible workforces must balance maintaining compliance with meeting operational needs. This may require reviewing rostering practices, updating contract terms, and ensuring bank and agency workers have fair access to secure working patterns.
Tighter regulations on agencies
A major change is the crackdown on non-compliance. NHS organisations working with external staffing providers should ensure they only partner with ethical and compliant agencies. The goal is to prevent workers from losing out on rights and protections when employed via third parties. Trusts may need to audit their supply chains, implement stricter due diligence processes, and ensure that all agency staff receive the pay, benefits, and protections they are entitled to under employment law.
Strengthened Statutory Sick pay
For the first time, Statutory Sick Pay (SSP) will become a legal right for all workers. Employers must provide SSP from day one of illness, rather than the current ‘waiting period’ of three days. This shift could reduce sickness-related disruptions in hospitals, while ensuring staff don’t feel pressured to work while unwell. NHS employers must update their payroll systems, communicate these changes to their workforce, and ensure that temporary and agency workers also benefit from the new protections.
What’s next?
For NHS workforce managers, these changes reinforce the importance of fair and flexible workforce management. While the Bill doesn’t eliminate the need for temporary staffing, it does highlight the need for sustainable and transparent workforce strategies that work for both clinicians and employers. Trusts will need to review their existing policies, contracts, and staffing models to ensure compliance, which may require short-term administrative effort. However, in the long run, these changes can help create a more stable and engaged workforce, reduce last-minute staffing gaps, and improve retention by offering fairer working conditions.