What the New Employment Rights Bill Means for Schools: Key Changes and Implications

School leaders in England have numerous responsibilities. They work to ensure high standards in teaching and learning while managing recruitment and staff retention effectively. A new challenge is arriving in the shape of the government’s proposed Employment Rights Bill.

Described by the BBC as the "biggest upgrade to rights at work for a generation," this Bill may significantly impact school management. It will likely change how they hire, engage, and manage both permanent staff and supply or agency workers.

Below, we will examine the Bill’s core provisions. We will draw insights from JMW’s recent blog about how these changes affect agency workers. We will also reference the BBC’s coverage of key proposals and the Government’s official updates. Additionally, we will explore how school leadership teams and multi-academy trusts might prepare for and respond to these legislative developments.

1. Zero-Hours Contracts and Agency Staff

One key aspect of the Employment Rights Bill is its overhaul of zero-hours contracts. For a long time, zero-hours staff, which includes some supply teachers and support staff, have been in a precarious position. They often must remain on standby but aren’t guaranteed a specific number of days or hours.

• Guaranteed Hours: Under the Bill, qualifying workers on zero-hours contracts can request a contract reflecting the actual hours they have worked regularly during a specified reference period—likely 12 weeks. Schools with supply staff who consistently work similar hours each week may find a need to offer guaranteed-hour contracts.

  
  

• Reasonable Notice and Cancellation Rights: Workers will also be entitled to reasonable notice of shifts and compensation if shifts are cancelled or curtailed on short notice. Schools must carefully plan staff rotas, especially for short-term or last-minute cover. If you typically make last-minute requests for supply staff, you may need to offer notice or compensation if your needs change.

  
  

• Application to Agency Workers: As noted in JMW’s blog, the Bill extends these protections to agency workers. The obligations fall on end hirers—in this case, the school or trust—rather than solely the employment agency. Schools often rely on agencies for short-term cover or specialist roles. This shift will require more robust communication with agencies to avoid unexpected financial or logistical challenges.

  
  

2. Unfair Dismissal from Day One

According to the BBC, the Bill proposes to remove the two-year qualifying period for unfair dismissal claims. Instead, employees could claim unfair dismissal from their first day. However, a nine-month probation period remains. During this time, an employer can dismiss someone "more easily."

For school management, this means:

• More immediate and thorough performance management procedures for new starters. Review your probation policies to ensure clarity and consistency if you need to dismiss a new employee.

  
  

• The potential for increased dispute resolution or grievance processes during the first year of employment, given the immediate access to unfair dismissal rights.

  
  

3. Flexible Working as the Default

Flexible working requests have been part of UK employment law for some time. However, the new Bill positions it as the “default.” Employees, including teachers and support staff, will have the legal right to request flexible working from day one. Schools must demonstrate they have a robust and “reasonable” business reason for refusal.

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

• Set clear guidelines: Establish a transparent process for evaluating flexible working requests based on operational feasibility and student outcomes.

  
  

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

  
  

4. Statutory Sick Pay (SSP) Changes

Currently, employees only qualify for Statutory Sick Pay after three consecutive days of illness. They must also meet a minimum earnings threshold. Under the Bill:

• Day-One Sick Pay: SSP will begin from the first day of illness rather than from day four.

  
  

• Removal of the Lower Earnings Limit: Lower-paid workers, including part-time teaching assistants or lunchtime supervisors, will now qualify for SSP—set at up to 80% of their weekly pay (or the current SSP rate, whichever is lower).

  
  

For budget-conscious school leaders, factoring in higher or more immediate sick pay costs is vital. However, these changes could also reduce “presenteeism” (staff attending work while unwell) and support a healthier working environment overall.

5. Fire-and-Rehire and Collective Redundancies

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

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

6. Parental and Bereavement Leave

The new legislation grants employees the right to unpaid parental and bereavement leave from day one. This change is particularly relevant in schools, where many staff members have families.

• Staff Wellbeing: Enhanced rights aim to support staff through challenging life events, potentially improving morale and retention.

  
  

• Practical Steps: Review absence policies to ensure compliance with the “day one” eligibility for leave and maintain consistent class coverage when staff are on leave.

  
  

7. The Importance of Compliance and Engagement

As the Bill progresses through Parliament, there remains the potential for amendments. The Government’s guidance emphasizes that these reforms aim to boost productivity, ensure fair conditions, and promote growth. However, some business groups express concerns about costs and administration. School leaders may find themselves in a similar position if budgets are already tight and staff shortages are common.

Key Steps for School Management

1. Audit Existing Contracts: Identify which staff members are on zero-hours or agency contracts. Consider moving those who work set hours to guaranteed-hours contracts.

   
   

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

   
   

3. Communicate with Agencies: If you frequently utilize agency supply staff, confirm how the new obligations regarding shift notifications, cancellations, and payments will be handled. Clarity here can prevent disputes and unexpected expenses.

   
   

4. Plan Your Budget: Factor in possible increases in SSP and the likelihood of compensating staff for cancelled or curtailed shifts.

   
   

5. Monitor Legislation: The Bill is expected to become law by 2026. However, details may change. Stay informed through reliable channels, such as the Department for Education, local authority updates, or legal advisories.

   
   

Conclusion

The forthcoming 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 management, they also bring potential benefits. These include improved staff morale, reduced turnover, and better work-life balance.

Schools that adapt early, engage in forward planning, and ensure compliance are likely to experience smoother transitions. Partnering with a specialist education recruitment agency, such as Aston Education, can help school leaders navigate these changes—allowing you to focus on what truly matters: delivering an outstanding education for your pupils.

References:

• JMW: “Employment Rights Bill Update and Government Response to Consultation on the Application of Zero Hours Contracts Measures to Agency Workers”

• BBC: “Employment Rights Bill: Biggest Upgrade to Rights at Work for a Generation”

• GOV.UK: “Employment Rights Bill to Boost Productivity for British Workers and Grow the Economy”

  
  

For further guidance or assistance on how these changes might affect your hiring and staffing strategies in the education sector, Aston Education is here to help.