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

School leaders in England have a multitude of responsibilities, from maintaining high standards in teaching and learning to ensuring effective recruitment and staff retention. A new layer of complexity is set to arrive in the form 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 could have significant implications for school management, not least in how they hire, engage, and manage both permanent staff and supply or agency workers.

Below, we take a look at the Bill’s core provisions—drawing on insights from JMW’s recent blog on how these changes affect agency workers, the BBC’s coverage of key proposals, and the Government’s official updates. We also 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 of the most talked-about elements of the Employment Rights Bill is its overhaul of zero-hours contracts. Zero-hours staff, including some supply teachers and support staff, have traditionally found themselves in a precarious position—having to remain on standby but not always guaranteed a certain number of days or hours.

Guaranteed Hours: Under the Bill, there is a right for qualifying workers on zero-hours contracts to request a contract that reflects the actual hours they have regularly worked during a specified reference period (likely 12 weeks). Schools with supply staff who consistently work similar hours each week may find themselves needing to offer these staff members a contract that guarantees those hours.
Reasonable Notice and Cancellation Rights: Workers will also be entitled to “reasonable” notice of shifts and compensation if shifts are cancelled or curtailed at short notice. For schools, this means more careful planning around staff rotas—particularly for short-term or last-minute cover. If you typically make last-minute requests for supply staff, you may have to offer either notice or a form of compensation if your needs change.
Application to Agency Workers: As JMW’s blog clarifies, the Bill extends these protections to agency workers, placing obligations on end hirers—in this context, the school or trust—rather than solely on the employment agency. With many schools relying on agencies for short-term cover or specialist roles, this shift could require more robust communication with agencies to avoid unexpected financial or logistical liabilities.

2. Unfair Dismissal from Day One

According to the BBC, the Bill proposes removing the two-year qualifying period for unfair dismissal claims. Instead, employees could claim unfair dismissal from their first day. However, there remains a nine-month probation period during which an employer can dismiss someone “more easily.”

For school management, this will mean:

More immediate and thorough performance management procedures for new starters. You may wish to review your probation policies and documentation to ensure clarity and consistency if you do need to dismiss a new employee.
The potential for increased dispute resolution or grievance processes within the first year of employment, given the immediate availability of unfair dismissal rights.

3. Flexible Working as the Default

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

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: Have a transparent process for evaluating 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.

4. 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:

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 be entitled to 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 will be vital. However, these changes could also reduce “presenteeism” (staff attending work while unwell) and might support a healthier working environment overall.

5. 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.

Moreover, 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 multi-academy trusts considering restructuring, a thorough consultation process is now more critical than ever.

6. Parental and Bereavement Leave

Under the new legislation, employees gain the right to unpaid parental and bereavement leave from day one. This is particularly relevant in the caring environment of schools, where many staff 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 they comply with the “day one” eligibility and to maintain consistent cover for classes when staff are on leave.

7. The Importance of Compliance and Engagement

As the Bill moves through Parliament, there is still scope for amendments. The Government’s own guidance emphasises that these reforms are intended to boost productivity, ensure fair conditions, and promote growth. However, some business groups remain concerned about costs and administration. School leaders might find themselves in a similar position if budgets are already tight and staff shortages are prevalent.

Key Steps for School Management

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: If you frequently use agency supply staff, 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: The Bill is expected to become law by 2026, but details may evolve. 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 offer potential benefits in terms of improved staff morale, reduced turnover, and better work-life balance.

Schools that adapt early, engage in forward planning, and ensure compliance are likely to see 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.

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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.