Scotland's Care Policy Scorecard

Care holds Scotland together, yet it is often undervalued.
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Indicator 3D.1. Right to representation and negotiation, freedom of association and right to strike

54%

Summary

The right to organise is fundamental to improving wages, conditions and job quality. Care workers face challenges such as low pay, insecure contracts, and limited career and pay progression, making collective organisation an important route to improving job quality and influencing sector reform. Scotland has expressed a commitment to improving collective bargaining in social care, but progress remains unclear.
Performance Bands Very limited progress 0-25% Early-stage development 26-50% Developing policy 51-75% Well-developed or transformative 76-100%

Section Scores

Legislation & Ratification 75% Accessibility and reach 50% Budget and administration 50% Regulation and monitoring 50% Design and impact 38%
Performance Bands Very limited progress 0-25% Early-stage development 26-50% Developing policy 51-75% Well-developed or transformative 76-100%

What this indicator measures

This indicator assesses whether care workers have meaningful access to trade union representation, collective bargaining and mechanisms for raising concerns. It examines legal rights, employer practices, monitoring systems and the extent to which policies support workers to organise safely and effectively.

Key findings

  • Legal protections for joining unions and taking part in collective bargaining are well established
  • Sector wide bargaining for social care workers has been proposed in Scotland, but the process for achieving it remains unclear
  • There is limited data on participation in unions or bargaining structures among care workers
  • Monitoring and enforcement of collective rights are limited due to resource constraints

Impact on workers

While the UK provides a basis for workers’ right to representation and negotiation, specific actions to improve these rights for care workers in Scotland are yet to materialise, despite being highlighted as part of the process of social care reform.

Accessibility considerations

Workers on zero hour contracts, migrant workers and those in fragmented employment arrangements face greater barriers to organising. Lack of disaggregated data makes it difficult to identify which groups face the greatest obstacles.

Budget context

UK government policy implementation relies heavily on individuals bringing cases to employment tribunals or other independent bodies. Without sustained investment, it is difficult to track progress or ensure that commitments to improve worker voice are delivered.

Overall interpretation

The right to organise is essential for improving job quality in the care sector, yet many workers cannot exercise this right fully. Strong legal protections exist, but low union membership, limited data, and insecure employment all reduce impact. Achieving meaningful change requires clearer routes to collective bargaining, targeted support for the care workforce and stronger monitoring systems.

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