Homecare Association response - Draft Code of Practice on Trade Union Right of Access

We have provided a focused response to the Government consultation on the draft Code of Practice on Trade Union Right of Access.

We believe the Code needs to be amended to provide:

• Greater clarity on data protection, infection control, and safeguarding
• Adjustments to the proposed employer response form to ensure the information required is practical for non-typical work arrangements
• Greater clarity that the access framework does not create a general expectation that employers must pay all workers to attend trade union access meetings, particularly where access may take place during working hours or as frequently as weekly

In summary, we ask the Government to amend the Code to: clarify the private dwelling exemption for homecare; make digital and indirect access a normal and proportionate route for dispersed homecare workforces; clarify that the framework does not create a general expectation that employers must pay all workers to attend access meetings; amend the templates so they do not require individual-level rota data, client addresses or sensitive operational information; and ensure third-party premises provisions do not override the rights and consent of people living in residential or domestic settings.

Many of the issues that we highlighted in our initial response to the consultation on trade union access also remain relevant to the Code of Practice. It must take account of the fact that:

• Homecare operates across many sites, with the workforce rarely or never in one place
• Private dwellings must remain outside the right of access framework. In homecare, the place where care is delivered is first and foremost a person’s home, not an employer-controlled workplace. Employers cannot consent to union access on behalf of the person living there.
• Safeguarding, infection control and other measures in care settings can affect access
• There is a need for clarity about how access arrangements interact with data protection legislation

While practical access for trade unions is important, the new agreement process must not jeopardise the safety of individuals, compromise data security or undermine the regulated care sector. Nor should the framework create unfunded administrative, staffing, or attendance costs for providers operating in a publicly funded market where fee rates frequently do not cover the true cost of care.