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How the Upcoming Employment Rights Bill May Affect Teachers and Support Staff
- Jason Leven
- Mar 26
- 6 min read
With the government’s new Employment Rights Bill (“the Bill”) moving through Parliament, teachers and support staff are understandably keen to know what these changes could mean for them in practice. This Bill has been described by the government as the “biggest upgrade to rights at work for a generation,” and it may bring about several important developments, from zero-hours contracts to sick pay and unfair dismissal claims.
In this article, we summarise the key proposals and explore how the Bill—once implemented—could impact professionals in the education sector. We also highlight insights from several external sources, including a recent update from JMW Solicitors on the application of zero-hours measures to agency workers, a BBC analysis of the Bill’s potential impact, and the latest governmental announcement on gov.uk.
1. Zero-Hours Contracts
What’s changing?
Zero-hours contracts (where workers are not guaranteed hours but can choose whether to work when asked) will be subject to tighter regulation under the Bill. Employers will be required to offer a guaranteed-hours contract based on the hours the individual has regularly worked during a 12-week reference period. According to the BBC, employees who prefer the flexibility of a zero-hours contract may still remain on that arrangement if they wish, but they will now have a “right to guaranteed working hours” if that is what they want.
What does this mean for teachers and support staff?
Many schools and colleges rely on supply teachers or cover supervisors hired through agencies, sometimes on zero-hours or similar casual arrangements. Under the new Bill, if you regularly work similar hours, you will have the right to request a contract reflecting those hours. This may offer greater financial stability. In addition, there will be new rights concerning “reasonable notice” of shifts and compensation if shifts are cancelled or cut short at the last minute.
References to agency workers
As JMW Solicitors explain, ensuring these protections apply to agency workers has been a focal point of recent consultations. Schools and agencies will both bear responsibility for shift notices and cancellations, aiming to reduce “one-sided flexibility” that can disadvantage workers.
2. Unfair Dismissal from Day One
What’s changing?
Currently, employees (with some exceptions) need two years of continuous service to qualify for ordinary unfair dismissal rights. The Bill proposes that the right to claim unfair dismissal will start on day one of employment, though the government states there will be a nine-month probation period during which dismissal procedures are simpler and less formal.
What does this mean for teachers and support staff?
For newly appointed teachers, teaching assistants, or other support staff, these changes could offer greater job security from the start. While the probationary period will still allow schools to let people go if there are serious performance or conduct issues, once that window has passed, staff will enjoy protections without the lengthy two-year qualification period. This could reassure new hires who may previously have felt exposed during their first two years in a post.
3. Flexible Working as the “Default”
What’s changing?
Flexible working requests are already possible, but only under specific criteria. The new Bill promises to make flexible working the “default,” meaning that employers would have to show concrete business reasons for refusing such a request. For the education sector, this might mean more formalised opportunities for part-time roles, job-sharing, or flexible start and finish times, subject to the school’s needs.
What does this mean for teachers and support staff?
Whilst teaching hours are often tied to a set timetable, some roles within schools — particularly support and administrative positions — could become more open to flexible patterns (such as compressed hours or remote administrative tasks). However, the Bill still allows employers to cite legitimate operational reasons for refusal. So, whether your request is granted will largely depend on the school’s capacity to reorganise duties.
4. Sick Pay from Day One
What’s changing?
Another significant proposal is removing the current three-day waiting period and the lower earnings limit for Statutory Sick Pay (SSP). Under the Bill, Statutory Sick Pay will start from the very first day someone is ill, and those earning under the usual threshold will also qualify. According to government estimates, this could benefit over a million lower-paid workers.
What does this mean for teachers and support staff?
If you are employed on lower pay or on short-term/part-time contracts and previously did not qualify for SSP, you may now become eligible. This could be especially helpful if you work in supply roles or other casual positions, as it provides a safety net from day one of any illness.
5. Unpaid Parental and Bereavement Leave from Day One
What’s changing?
Under existing rules, you must typically have been with a company for at least a year before being entitled to unpaid parental leave. The Bill proposes to remove this qualifying period. The same day-one entitlement will also apply for bereavement leave, giving employees the right to take time off to deal with the death of a close family member or dependent.
What does this mean for teachers and support staff?
Many educational professionals worry about balancing family obligations and their teaching or support roles. This change means that even if you’ve only been in your role a short time, you’ll have the right to unpaid parental leave or bereavement leave when life’s challenges arise. That extra security can help ensure that personal responsibilities do not jeopardise your employment.
6. Changes for Agency Workers
What’s changing?
As highlighted in JMW’s latest blog, the government is particularly focused on ensuring that measures such as reasonable notice periods and guaranteed-hours offers do not bypass agency workers. This means end hirers (schools, academies, and local authorities) and agencies will both have responsibilities towards supply teachers or other short-term support staff.
What does this mean for teachers and support staff?
In practice, if you are an agency supply teacher who works regularly at a particular school (or group of schools), you should be offered hours more reflective of the work you are actually doing. Similarly, if your shifts are cancelled at short notice, there may now be a statutory right to some compensation. This could represent a significant step forward in stabilising agency work within education.
7. Timescale and Next Steps
Although the Bill is described as a “landmark” piece of legislation, changes could still be made before most measures take effect, currently anticipated for autumn 2026 (with some aspects possibly introduced earlier). Gov.uk has emphasised that the government is continuing to consult with businesses and employee groups to get the legislation right, balancing workers’ rights with employers’ operational needs.
For teachers and support staff, it is essential to stay informed. If you work through an agency, or you are on a fixed-term or part-time contract, many of these changes could directly improve your working terms, from more predictable hours to increased protection against dismissal. On the other hand, schools and local authorities may need time to adapt new HR processes and plan timetables to ensure they meet their obligations.
Key Takeaways for Education Professionals
Greater Security on Zero-Hours Contracts: If you regularly clock up hours, you should be offered a more formal contract, reducing uncertainty around pay and rostering.
Day-One Unfair Dismissal Rights: After a probationary period, you will no longer have to wait two years to claim unfair dismissal—potentially increasing job security.
Flexible Working as a Norm: Schools will need strong reasons to refuse flexible working requests, which could open up new ways of working for teaching and support staff.
Enhanced Sick Pay: From day one of illness, SSP may be available—especially relevant for supply teachers or part-time support staff who previously might not have qualified.
Day-One Parental and Bereavement Leave: The removal of long qualifying periods may give staff the peace of mind they need during significant life events.
Specific Protections for Agency Staff: Joint responsibility between agencies and schools should result in more predictable work schedules and compensation for last-minute cancellations.
Final Thoughts
At Aston Education, we see first-hand how crucial job stability and fair treatment are for those dedicating their careers to education. While the Employment Rights Bill is still evolving, it aims to improve working conditions, tackle exploitative zero-hours practices, and create a fairer environment for all workers. If you are a teacher or support staff member, it is wise to keep abreast of these developments, especially if you are on a casual contract or employed through an agency.
For more information on the Bill’s progress and details on its provisions, you may find these sources helpful:
If you have specific queries about your personal situation, speak to your union representative, HR department, or seek professional legal advice. As new details emerge, we will continue updating you through our blog.
At Aston Education, we are committed to helping teachers and support staff secure roles that reflect their skills and aspirations. If you are looking for expert guidance or new opportunities in the education sector, please do get in touch.
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