Employment Rights Bill: The impact on education

In 2024, the Government introduced the Employment Rights Bill, a significant piece of legislation containing 28 new employment measures. Many of the proposals directly impact the education sector and like other employers, schools need to ensure compliance with these enhanced protections. Earlier this month, the Government published a roadmap for the delivery of the Bill. Changes start in the next academic year (2025/26). The roadmap is a useful resource for school leaders to stay informed whilst planning ahead to ensure they address the reforms and continue with positive educational workplaces. Whilst not all areas of the Employment Rights Bill will hugely affect the education sector, certain areas need to be considered to enable effective and timely planning. Unfair Dismissal from Day One Currently, staff must work two years before claiming unfair dismissal. Under the Bill, employees could claim unfair dismissal from day one. A statutory probationary period is introduced, with a simpler procedure in place for employers to dismiss an employee, likely to be nine months. Schools will need to ensure recruitment procedures are robust to identify issues early. Line managers need to be trained on probationary periods and new processes to minimise the risk of claims. Flexible Working Flexible working will become the ‘default’ position, not just a right to request. For schools this could lead to more requests for part-time hours, adjusted schedules, or remote teaching. The eight statutory reasons to refuse a request remain, but with an added obligation to demonstrate that it is “reasonable for the employer to refuse the request on those grounds”. In education, not every role is easily adaptable. However, school leaders should create clear guidelines to ensure transparent processes for handling flexible working requests and explore arrangements to remain an attractive employer. Statutory Sick Pay (SSP) Currently, employees only qualify for SSP 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. Fire-and-Rehire & Collective Redundancies Although less common in the education sector, “fire-and-rehire” practices may occur if budget constraints prompt a change in terms and conditions. The Bill largely bans such practices in most circumstances. 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. Under the Bill, this duty would apply when the threshold is reached across the whole organisation, rather than a single establishment. Changes to the maximum period for protective awards in collective redundancy (from 90 to 180 days) increase the potential financial penalties. For larger MATs, a thorough consultation process is now more critical than ever. Family-friendly Protection These enhanced rights need to be reflected in each educational establishment’s People Strategies and Staff Wellbeing policies. It is crucial to review absence policies to ensure their compliance with “day one” eligibility of the right to paternity and unpaid parental leave. It will be unlawful to dismiss a new mother within six months of their return to work and bereavement leave will be extended to create a right to leave to a ‘relevant person’. Equality Since 2024 employers have a duty to take reasonable steps to prevent the sexual harassment. The Bill takes this further; employers must take all reasonable steps to prevent sexual harassment at work, including from third parties including parents and pupils. Larger schools and MATs with over 250 employees will have to publish “Equality Action Plans”. These plans must identify the causes of pay disparities and set out evidence-based actions to address them. Zero-Hours Contracts Staff on zero-hours contacts could request a guaranteed-hours contract reflecting the hours they work on a regular basis. Schools will need to give reasonable notice of rotas, or provide compensation if cancelled or reduced at short notice. These protections extend to agency workers and responsibilities will now lie with schools and MATs, rather than just agencies. This requires more robust communication with agencies to avoid liabilities. Employment Relations It’s going to be easier for staff to go on strike. There is increasing strike action at a local level and that may increase as the Bill lowers the threshold for industrial action so a simple majority of those who vote will be enough to pass a ballot. Schools will have to inform new employees about their legal right to join a trade union. Trade unions will be allowed physical entry into schools to meet, represent, recruit and organise workers. They must give notice beforehand, but grounds for refusal are unclear. School Support Staff Negotiating Body (SSNB) The Employment Rights Bill will reinstate the SSNB in 2027 with a mandate to introduce a national pay and conditions framework for support staff. This would apply to academies as well as maintained schools, though details are still being finalised. Next Steps The Bill represents a substantial shift in the employment landscape with some measures appearing daunting. Schools that adapt early and engage in forward planning are likely to see smoother transitions, so consider taking the following steps: Identify staff on zero-hours or agency contracts. Consider guaranteed-hours contracts, particularly if they regularly work set hours. Ensure staff handbooks, recruitment policies, probation processes, absence procedures reflect the new requirements. Confirm how the new obligations around rota notifications, cancellations, and payment will be handled. Factor in potential increases in SSP and the possibility of paying staff for cancelled rotas. Stay informed through reliable channels such as the Department for Education, local authorities, or legal / HR advisers. Government guidance emphasises these reforms are intended to boost productivity, ensure fair conditions, and promote growth. With the right preparation, schools can not only adapt, but take advantage of the changes ahead.