Update on Fair Work: workstream activity from Scottish Government National Care Service team

The ALLIANCE are sharing important updates from the National Care Service Fair Work Workstream.

The Scottish Government intends the National Care Service (NCS) to be an exemplar of fair work, and have set out this commitment established with the Guiding Principles for the NCS set out in the National Care Service (Scotland) Bill.  The four workstreams current being taken forward are: Pay; Terms and Conditions, Effective Voice; Sectoral Bargaining.

Workstream 1 – Pay

Remit – to provide the functionality to implement and deliver the key pay components of the Fair Work Framework to ensure that the adult social care workforce receives adequate levels of pay.

This workstream has been the primary route through which activity has been taken to support improved pay for commissioned services and adult social care. The Scottish Government committed to supporting the payment of at least the Real Living Wage for this part of the sector in 2016.

This workstream has worked closely with COSLA on the implementation of the pay uplifts and has also overseen the introduction of trouble shooting measures to identify and address delays in implementation.

Planned activity for this year includes:

• Carry out a Cost Benefit Analysis exercise to establish the impact of any increase in ASC pay, including on the NHS and other services, to provide an evidence base for calls to increase pay.
• Working with HSCPs to gather data on ASC contracts to allow for informed considerations / review of the current implementation approach of the annual ASC pay uplift.  
• Advice to ministers on adult social care pay issues, including the rate and implementation of the annual ASC pay uplift for the 2024/25 Financial Year.
• Support the implementation, delivery and troubleshooting around the 2023/24 and then 2024/25 pay uplifts. The troubleshooting webpage was launched in April.

Workstream 2 – Terms and Conditions

Remit – deliver enhanced Terms and Conditions, consistent with the Fair Work in Social Care Group’s Minimum Standard Terms and Conditions

The fair work programmed budget is mainly attributed to this workstream. Previous activity in this workstream has secured delivery of payment of SSSC and PVG checks to help support recruitment and retention within the sector.

Planned activity for this year includes:

• Work with stakeholders to identify and agree a feasible, durable, and effective mechanism for delivering minimum standard (“enhanced”) terms and conditions by June 2023.
• Concurrently, work with Fair Work in Social Care Group to develop a programme for delivery of Ts and Cs and related issues informed by evidence, data, and sector intelligence on necessity and impact. Ongoing throughout the 2023/24 and subject to resource availability.
• Continue work with OCSWA and colleagues across SG to develop both an improved evidence base, and a better alignment of roles, pay, terms and conditions across the social care sector. Ongoing throughout 2023/24.
• Remain engaged with Ethical Commissioning & NCS Procurement colleagues to support development of Terms and Conditions for NCS, subject to direction of travel/future decisions around the future/role of NCS.  Ongoing throughout 2023/24.

Workstream 3 – Effective Voice

Remit – implement the Fair Work in Social Care Group’s Effective Voice (EV) Framework in a cohort of representative care providers. Assess this phase of implementation to inform future national policy on EV.

The EV workstream had previously developed the EV framework which provides mechanism to support deployment of EV across the social care sector.

Planned activity for this year includes:

• Identify and approach a cohort of care providers to participate in the initial Effective Voice implementation phase. Completed by June 2023.
• Support and direct the EV Delivery Manager, seconded to Inspiring Scotland, to conduct the Phase 1 project. This will involve visiting participants, informing them of the principles of EV, supporting them to implement EV at an appropriate scale for their organization, gather evidence on attitudes, barriers, successes, costs etc. Present findings in a project-end report, as well as periodic reporting to the Fair Work in Social Care Group. Ongoing throughout 2023/24.
• Evaluate Phase 1 project findings to inform future policy on Effective Voice by December 2023. Anticipated to involve revising the Effective Voice Framework per the Phase 1 project findings and developing a strategy for national rollout. Plan for national EV Framework deployment to be agreed by Ministers and stakeholders by March 2024.
• Prepare Advice to Ministers at relevant stages on progress, findings, and development of policy. Ongoing throughout.

Workstream 4 – Sectoral Bargaining

Remit – develop a Sectoral Bargaining model that brings all of the relevant stakeholders round the table to collectively negotiate on pay and conditions.

As the adult social care sector in Scotland poses some challenges, the Scottish Government decided to establish a model through a specific workstream for sectoral bargaining in August 2022.

The main planned activities for this year include:

• Continue to work with stakeholders, particularly Workstream 4, to explore and develop viable options to establish a framework from which to build a robust bargaining arrangement, intended to promote greater sustainability in the social care sector. This will include understanding existing collective bargaining arrangements, legal considerations, human rights implications, and social & economic factors. Initial options to be developed by June 2023.
• Further work to be developed with stakeholders to look at other frameworks in place in other sectors, which could inform social care models. However, this could only be progressed once group agrees on scope.
• A new sub group has been established to progress the Job Sizing work which will need to be undertaken to further develop the positions within scope and to consolidate the width of the groups scope. Recommendations to be developed by June 2023.
• Initial discussion have been carried out with academics, with further academic engagement to be carried out through April This meets a Ministerial commitment to bring in academic expertise to support the FWiSCG. Consideration will be given in respect of how to formalise this support by May 2023. In addition, work will begin to establish a suitable facilitator to help the group secure progress on what is a highly complex and perhaps unique set of challenges across a complex and fragmented sector. Ongoing throughout 2023/24.
• Ongoing discussions with Welsh Gov colleagues to monitor voluntary roll out in Wales, specifically in respect of onboarding.
• Options currently being developed on the purpose, composition, and remit of the negotiation group. Summer 2023.

End of Page.

End of page.