Summary

The right to organise is a fundamental element of fair work. It enables workers to join trade unions, participate in collective bargaining and influence decisions about their pay, conditions and safety. This is especially important in the care sector, where workers are predominantly women, earnings are low and job quality challenges are widespread.

While Scotland has expressed a commitment to improving worker voice within social care, the legal framework for the right to organise is shaped largely by UK wide policy. Low union membership across the care sector, limited data on representation and unclear progress toward sector wide bargaining all weaken the impact of this right for care workers. Barriers are even greater for migrant workers and those in insecure employment.

Key challenges

• Trade union participation is low across social care and childcare
• UK wide legislation governs most aspects of representation and the right to strike
• Worker voice mechanisms in Scotland remain underdeveloped
• Lack of data makes it difficult to understand participation patterns and barriers
• Migrant workers may face additional risks or uncertainties related to immigration status

Key strengths

• Strong legislative foundation through UK law supporting the right to organise
• Scotland has stated ambitions to improve collective bargaining in social care
• Worker voice is recognised as a key principle within the fair work agenda
• Engagement with worker organisations informs Scotland’s approach to care reform