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Employment Rights Act 2025: what schools and MAT leaders need to do now (and what to plan for next)


The rollout timeline that matters to schools


Most measures are expected to come into force via regulations using common start dates (notably 6 April and 1 October).


Key milestones to plan around:

  • April 2026: day-one changes to Statutory Sick Pay and day-one rights for Paternity Leave and Unpaid Parental Leave (with some pay rules unchanged).

  • October 2026: stronger duties on preventing sexual harassment, plus protections linked to third-party harassment.

  • From January 2027: “ordinary” unfair dismissal qualifying period reduced to six months and the compensatory award cap removed; further flexible working reforms are expected in 2027.


1) Statutory Sick Pay from day one: attendance management will need a refresh (April 2026)


The Act expands access to Statutory Sick Pay (SSP) by:

  • removing the Lower Earnings Limit threshold (so more staff qualify), and

  • removing the “waiting days”, meaning SSP is payable from the first day of sickness absence.


Why this matters for schools and MATs

  • More staff (especially lower-paid, part-time, and support roles) may qualify, which could impact absence patterns and budgets.

  • Return-to-work conversations and wellbeing support will matter even more to keep absences short, supportive, and well-managed.


What to do now

  • Review your absence management policy and line manager guidance (including triggers, reporting expectations, fit notes, phased return and referrals to occupational health where relevant).

  • Ensure payroll systems and HR processes can handle day-one SSP and the new eligibility rules.

  • Re-brief line managers so practice is consistent and legally robust across schools.


2) Unfair dismissal after six months: probation and capability processes must be watertight (from January 2027)


The Act reduces the qualifying period for “ordinary” unfair dismissal to six months and removes the cap on compensatory awards.


Why this matters in education Probation and early performance management often vary by school, and in busy settings, documentation can slip. From 2027, a poorly handled probation exit could carry more risk.


What to do now

  • Standardise a trust-wide probation framework: clear objectives, observation/review schedule, documented support, and defined outcomes.

  • Train leaders on capability and conduct processes, focusing on fairness, evidence, and documentation.

  • Tighten onboarding so early concerns are identified quickly and addressed through support plans rather than informal drift.


3) Flexible working: “no” decisions need better evidence (expected 2027)


Flexible working is already a day-one right to request, but the Act strengthens how decisions should be made. In general, schools will be expected to:

  • consult properly before rejecting a request, and

  • ensure any rejection is reasonable, with a clear explanation.


Why this matters for schools and MATs Flexible working is now one of the biggest drivers of retention — especially for experienced teachers, leaders returning from parental leave, and specialist support staff.


What to do now

  • Audit current flexible working requests: where are requests being rejected, and why?

  • Create role-by-role guidance on realistic options (classroom roles vs operations vs central teams).

  • Update decision templates and letters so “reasonableness” is clearly evidenced, not assumed.

  • Build leadership confidence: consistent decision-making reduces grievances and improves trust.


4) Preventing sexual harassment: stronger duties and third-party risk (October 2026)


The Act raises the preventative duty from “reasonable steps” to “all reasonable steps” to prevent sexual harassment. It also includes provisions relating to third-party harassment, which is particularly relevant to schools (parents, visitors, contractors and external providers).


What to do now

  • Strengthen your training programme: induction plus annual refreshers for all staff, with additional training for leaders and HR.

  • Map and mitigate “risk points” unique to schools: open evenings, trips and residentials, isolated working, off-site provision, contractor access, and high-conflict parent situations.

  • Ensure reporting routes are visible and trusted, with clear timescales, documentation standards, and escalation pathways.


5) Family-friendly changes: policies need to match real-life scenarios (phased)


The Act includes:

  • Day-one Paternity Leave (with notice requirements, and some pay qualifying rules expected to remain unchanged)

  • Day-one Unpaid Parental Leave

  • a new right to unpaid Bereavement Leave, including in situations of pregnancy loss before 24 weeks (with specific details to be set out in regulations)

  • stronger protections against dismissal for pregnant women, those on maternity leave, and for at least six months after return (with details and exceptions set out in regulations).


What to do now

  • Review maternity, paternity, parental leave and bereavement policies so managers understand what is changing, what stays the same, and what is still subject to regulations.

  • Plan for more consistent “returner support” (phased returns, flexible patterns, role clarity, and wellbeing check-ins).

  • Make sure line managers know how to handle sensitive situations with empathy and consistency.


6) Support staff in England: national pay and conditions may become more centralised

The Act provides for a School Support Staff Negotiating Body (SSSNB) to negotiate minimum pay, terms and conditions for school support staff.


Why this matters

Depending on how this develops, it could affect:

  • pay benchmarking and job grading

  • recruitment competitiveness for key support roles

  • budget forecasting and workforce planning


What to do now

  • Map support staff terms and conditions across your schools: pay points, hours, overtime/TOIL, and progression.

  • Stress-test budgets and workforce plans for potential minimum terms changes.

  • Consider your employee value proposition for support staff (development pathways, recognition, and working patterns).


Practical checklist: what a “ready” school or MAT looks like


Over the next term, aim to:

  • Update absence and payroll processes for day-one SSP (April 2026).

  • Standardise probation and early capability processes ahead of the six-month unfair dismissal change (January 2027).

  • Refresh flexible working policy, templates and leader training ahead of expected 2027 reforms.

  • Strengthen harassment prevention and third-party controls before October 2026.

  • Review family leave, bereavement and returner policies to reflect new rights and upcoming protections.

  • Monitor SSSNB developments if you employ school support staff in England.


What this means for recruitment and retention in 2026–2027


These reforms land during an already competitive staffing market. The trusts that will attract and keep great people are those that:

  • offer credible flexibility (with clear processes and role design)

  • have transparent probation support and fair early-performance processes

  • demonstrate a strong staff wellbeing culture, including robust harassment prevention

  • communicate policies clearly during recruitment (so candidates know what support looks like in practice)

In other words: compliance isn’t just risk management — it can be a genuine recruitment advantage.


How Aston Education can support schools and MATs


Aston Education works as a recruitment partner to schools, academies and multi-academy trusts — helping you attract and retain the right people with a focus on quality, transparency and safe recruitment.


If you’d like support with:

  • hard-to-fill teaching and support staff appointments

  • improving candidate experience and retention

  • building a reliable pipeline for permanent and long-term roles


Contact Aston Education today to discuss your staffing plan for 2026–2027.


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Disclaimer: This article provides general information and is not legal advice. For advice on a specific case, seek appropriate professional guidance.

 
 
 

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