Our Response: The Adult Social Care Fair Pay Agreement

The success of a Fair Pay Agreement in adult social care is fundamentally tied to the level of investment the department of health and social care (DHSC) makes in the sector. Most providers want to ensure staff receive fair wages, have a supportive work environment, and can progress in their careers. However, current underfunding results in fee rates that our analysis estimates are 13%-36% below a fair cost of care. DHSC must address the adequate funding of social care; otherwise, the Fair Pay Agreement will ultimately be unfair to providers, care users, and the workforce alike.

Norfolk Care Association has submitted a formal response to the Fair Pay Agreement consultation. Below are the key points from our submission:

Secretariat and Independence

We support the secretariat function being delivered by an external delivery partner. We believe this ensures independence from the Department of Health and Social Care, allows for a broader talent pool, and encourages operational innovation through regular procurement.

Worker and Employer Representation

Worker Representation: We strongly disagree with the proposal that specific unions (UNISON, GMB, Unite, RCN) should be the sole representatives. These unions do not have significant membership within social care providers. Instead, we believe the Negotiating Body should consult care workers directly, allowing them to choose their own representatives without the requirement of union membership fees.

Employer Representation: We support the Care Provider Alliance’s role but advocate for safeguards that ensure regional representation and the inclusion of providers of all sizes and types.

Parity Across the Workforce

We strongly agree that workers covered by the National Joint Council (local government) and Agenda for Change (NHS) should be included in the coverage. This is essential for:

• Ensuring parity between the independent sector, local authorities, and the NHS.
• Supporting recruitment and retention.
• Enabling innovative practices like staff secondments and rotations.

The Scope of “Care Worker”

The definition of the workforce must be inclusive. We believe it should encompass:

• Information, advice, and guidance (IAG) roles.
• Care coordination and social prescribing roles.
• Positive activity workers and non-regulated professionals.
• Ancillary staff, including kitchen, cleaning, maintenance, and facility teams.

Negotiation and Implementation Timelines

We do not believe six months is enough time for negotiations or implementation. Complex elements like qualification-linked pay and family-friendly policies may require multi-year discussions. The timeframe is too tight to align with local authority fee uplifts. If fee rates are not adjusted in time to support the settlement, providers will be unable to financially introduce the agreed changes.

Key Priorities for Pay and Conditions

In our response, we identified the following top priorities for the Secretary of State’s first remit letter:

• Pay: Setting a sectoral pay floor above the National Living Wage and establishing pay bands linked to career progression.
• Terms and Conditions: Paying for travel time and costs between visits, and improving pension and sick pay conditions.
• Culture: Implementing policies that support career development, wellbeing, and work-life balance.

Dispute Resolution

We disagree with the proposal that only the Chair can trigger a dispute. We believe all members of the Negotiating Body should have the power to trigger a dispute vote to ensure a balanced and fair process.

Norfolk Care Association developed the Care Worker job evaluation framework to enable comparison between distinct roles across Health and Social Care, supporting our commitment to fair parity and professional recognition for the workforce.