Spotlight on the Employment Rights Bill 

The Government’s Employment Rights Bill was laid before Parliament on 10 October 2024 and contained 28 employment measures. It should not be underestimated for any employer, including schools and MATS. It is a significant piece of legislation with much of what is proposed representing a marked shift from existing employment practices. 

This Bill has significant implications for school management, not least in the recruitment and management of permanent or supply staff and agency workers. The Bill is designed to strengthen workers’ rights in several areas. Schools, like other employers, need to ensure compliance with these enhanced protections.   

On 1 July 2025, the Government published a roadmap for the delivery of the Employment Rights Bill with a phased approach. Each measure will need future consultation, guidance and, where applicable, Codes of Practice. Notably, quite a few changes occur within the next academic year 2025/26, with further changes over the following years. 

Late 2025 Following Royal Assent  

• Repeal of the Strikes (Minimum Service Levels) Act 2023 

• Repeal of most provisions of the Trade Union Act 2016 

• Simplifications of industrial action notices 

• New protection against dismissal for taking industrial action

April 2026 

• ‘Day one’ paternity leave and unpaid parental leave  

• Extension of Statutory sick Pay 

• Simplification of trade union recognition 

• New whistleblowing protections 

• Establishment of the Fair Work Agency 

Other changes occur later in 2026 and 2027. Most notably, the day-one protection against unfair dismissal is being delayed until 2027. The roadmap is a useful resource for school leaders to help them stay informed and plan ahead, ensuring they address the reforms and continue to foster positive educational workplaces. 

Planning for Impact of the Bill 

Not all areas of the Employment Rights Bill will hugely affect the education sector, but there are areas that need highlighting to enable effective and timely planning, along with discussions with appropriate stakeholders and partners.  

Zero-hours Contracts  

This could apply to some supply teachers or support staff, more typically these contracts are used with invigilators or sports coaches, for example. 

• Guaranteed Hours: Staff on zero-hours contacts will be able to request a guaranteed-hours contract reflecting the hours they work on a regular basis.  

• Reasonable Notice and Cancellation Rights: Schools will need to give reasonable notice of shifts, or provide compensation if shifts are cancelled or curtailed at short notice. This means more careful planning around staff rotas, particularly for short-term or last-minute cover.  

• Application to Agency Workers: These protections will be extended to agency workers, so that responsibilities now lie with schools and MATs, rather than just agencies. This shift requires more robust communication with agencies to avoid unexpected financial or logistical liabilities.  

Schools will need to provide clearer terms in zero-hours contracts, ensuring staff understand their rights, including any guarantee of work, the right to reject shifts and the circumstances under which the contract can be terminated. 

Removing the two-year qualifying period for unfair dismissal claims 

The Employment Rights Bill proposes removing the two-year qualifying period for unfair dismissal claims. Instead, employees could claim unfair dismissal from their first day. Schedule 2 introduces a ‘statutory probationary period’, likely to be nine months, There will be a required process for any dismissals in that period, but after that the usual unfair dismissal rules will apply. This will be a fundamental change in how staff are managed in their first two years of employment. 

For school management, this will mean: 

• More immediate and thorough performance management procedures for new starters. It is key to review probation policies and documentation to ensure clarity and consistency.  

• The potential for increased disputes or grievances within the first year of employment, given the immediate availability of unfair dismissal rights. 

Schools will need to ensure recruitment procedures are robust to identify issues early. It will be important that line managers are trained to understand how probationary periods operate and the processes to follow, to minimise the risk of successful unfair dismissal claims 

Flexible Working as the Default 

From 6 April 2024, flexible working is currently a day one right and up to two requests can be made per year. Under the Bill, flexible working will become the ‘default’ position, not just a right to request. 

The eight statutory reasons to refuse a request will remain, but with an added obligation on employers to demonstrate that it is “reasonable for the employer to refuse the request on those grounds”. This does not change the process but may impact schools with an increase demand for flexible working, such as remote teaching, part-time hours, or adjusted schedules.  Schools will need to ensure their policies and practices support such requests while maintaining operational needs. 

While not every role is easily adaptable to hybrid, remote or flexible schedules—particularly in education, where classroom presence is crucial—school leaders can:  

• Set clear guidelines – to ensure a transparent process for handling flexible working requests based on operational feasibility and pupil outcomes. 

• Plan staffing structures: Where certain roles (e.g., administrative, finance, or certain support duties) might allow partial flexible or hybrid work, you may want to explore these arrangements to remain an attractive employer.  

Statutory Sick Pay (SSP) Changes 

Currently, employees only qualify for Statutory Sick Pay after three consecutive days of illness and must meet a minimum earnings threshold. Under the Bill, SSP will begin from the first day of illness. Entitlement will also be extended to lower-paid staff, such as part-time support workers.  

For budget-conscious School Business Managers and Finance Directors, factoring in higher or more immediate sick pay costs will be vital. However, these changes could also reduce “presenteeism” (staff attending work while unwell) and might support a healthier working environment overall.  

Fire-and-Rehire and Collective Redundancies  

While less common in the education sector, “fire-and-rehire” practices may occur if budget constraints prompt a school or trust to change terms and conditions. The Bill largely bans such practices in most circumstances, except where an organisation is at risk of insolvency.   

Currently, the duty to collectively consult arises where 20 or more employees are to be made redundant “in a single establishment.” For a MAT this would likely apply to each school. However, under the Bill, this duty would apply when the threshold is reached across the whole organisation, rather than a single establishment.  

In addition, changes to the maximum period for protective awards in collective redundancy scenarios (from 90 to 180 days) increase the potential financial penalties for non-compliance. For larger MATs considering restructuring, a thorough consultation process is now more critical than ever.  

Family-friendly protection 

The Bill strengthens rights around parental, paternity, bereavement and carers’ leave: 

• Employees gain the right to paternity and unpaid parental leave from day one.  

• The Bill will strengthen existing protection for those returning from maternity leave by making it unlawful to dismiss a new mother within six months of their return to work, except in specific circumstances.  

• Bereavement leave will be extended to create a right to leave to a ‘relevant person.’ It is not yet clear what or who this may cover and is likely to be consulted on.  

These enhanced rights aim to support staff through challenging life events, potentially improving morale and retention. These need to be reflected in each educational establishment’s People Strategy and Staff Wellbeing policies. It will be crucial to review absence policies to ensure they comply with the “day one” eligibility and operational processes that will ensure cover is viable for staff absences. 

Equality 

Since 26 October 2024, employers have a duty to take reasonable steps to prevent the sexual harassment of employees during the course of their employment. The Bill takes this even further, so that employers must take all reasonable steps to prevent sexual harassment at work – including from third parties. In the case of schools, this would include parents and pupils. This is a significant shift.  

Larger schools and MATs with over 250 employees will also have to publish “Equality Action Plans” alongside annual gender pay gap data. These plans must identify the causes of pay disparities and set out evidence-based actions to address them. The Government will provide guidance to help employers take effective actions, including a focus on supporting women through key life stages like the menopause 

With surveys of employees consistently reporting around one third of employees being subjected to sexual harassment within a 12-month period prompting this change in legislation, adopting a position that ‘this could happen here’ would be the best approach for any school, no matter its size or type. 

Employment Relations  

It’s going to be easier for staff to go on strike. There is increasing strike action at a local level – particularly in MATs – and that action may now further increase.  

• The Bill will lower the threshold for industrial action so that a simple majority of those who vote will now be enough to pass a ballot. 

• Currently, action is only valid for six months after a ballot. This time limit will be removed, allowing longer-running disputes.  

• Schools will no longer be required to maintain minimum service levels during industrial action. 

• Schools will have to inform new employees about their legal right to join a trade union. 

• Trade unions will be allowed physical entry into school settings to meet, represent, recruit and organise workers, even if they are not members of the respective union. They must give notice beforehand, but grounds for refusing access are not yet clear.  

• Employees are currently protected against dismissal for taking part in strike action.  The new Bill takes this further so that employees will be protected from any detriment imposed on the grounds they have participated in strike action.  
  

Return of the School Support Staff Negotiating Body 

The Bill reinstates the School Support Staff Negotiating Body (SSNB), abolished in 2010, with the expectation it will be reintroduced in 2027. The proposal is for the SSNB to ensure that support staff are paid fairly and have access to training and career progression opportunities, with a mandate to introduce a national pay and conditions framework. This would apply to academies as well as maintained schools, though details are still being finalised. Some important questions for leaders:  

• Will this apply to senior executives in support roles?  

• What if your existing terms and conditions are better than proposed?   

• How will they mandate any changes?  

Next Steps for School Leaders  

The Employment Rights Bill represents a substantial shift in the employment landscape. While some measures – such as giving staff more secure contracts and day-one rights to claim unfair dismissal – may initially appear daunting for school leaders, they also offer potential benefits in terms of improved staff morale, reduced turnover, and better work-life balance.  

Nevertheless, there are concerns around costs and administration. Schools that adapt early, engage in forward planning, and ensure compliance are likely to see smoother transitions. Here are some next steps to consider:  

• Audit Existing Contracts: Identify which staff are on zero-hours or agency contracts. Consider whether some could be moved to guaranteed-hours contracts, particularly if they regularly work set hours.  

• Update Policies: Ensure your staff handbook, recruitment policies, probation processes, and shift/cancellation policies reflect the new requirements.  

• Communicate with Agencies: Confirm how the new obligations around shift notifications, cancellations, and payment will be handled. Clarity here can prevent disputes and unexpected charges.  

• Plan Your Budget: Factor in potential increases in SSP and the possibility of paying staff for cancelled or curtailed shifts.  

• Monitor Legislation: Stay informed through reliable channels such as the Department for Education, local authority updates, or legal / HR advisors. 

One Education HR is here to help you stay prepared. We offer training, policy audits, and practical advice tailored for schools and trusts and can address issues highlighted including flexible working equality law responsibilities.  

Get in touch for more information.