Emergency Motion 6
No Opt-Out from Employment Rights Act 2025
“That this Congress notes the progress made by the care affiliates in securing sectoral collective bargaining for social care in Scotland by voluntary agreement.
“Congress also notes the importance of statutory enhancements to sectoral bargaining under the Employment Rights Act 2025.
“Enhanced UK rights include:
- Enforceable statutory rights for workers.
- Record keeping rules for employers
- A Fair Work Agency with a remit to inspect care workers’ pay.
“Congress recalls the First Minster addressing this question in his speech to Congress only one year ago. In that speech he specifically welcomed the Employment Rights Act because it will “help us to put some of the progress that we have made in Scotland on a voluntary and a collaborative basis, onto a statutory footing”
“Congress is alarmed to note that Scottish Government announced on 18 March that social care bargaining will be voluntary, with the “option” to move to mandatory enforcement. The Scottish Government consulted unions on devolved statutory power as a means of preserving Scotland’s joint working arrangements. Using devolution to reduce rights was never discussed. Opting out of UK rights was never discussed.
“Full legal protection for Scottish workers is never optional.
“For the first time in the history of devolution, a Scottish Government has secured devolved power over employment law, but is contemplating using that new power to remove UK rights from Scottish workers.
- Congress condemns the notion that UK minimum rights are ever optional in Scotland.
- Congress calls on the General Council to campaign to ensure devolved Scottish rights always match or exceed UK employment rights.”
Mover: UNISON Scotland
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