The Employment Rights Bill 2024 was originally one of the Government’s 100-day-in-office initiatives, aiming to fulfil a commitment to ‘Make Work Pay’ and modernise employment rights across the UK. Key suggested provisions include day-one rights for certain workplace entitlements, protections for outsourced workers, and the reinstatement of a collective negotiation body. By examining the Bill's proposed provisions this overview explores its potential implications for strategic planning in schools and MATs.
Since its introduction, the Bill has undergone several stages of parliamentary scrutiny with further debate still ongoing. As of January 2025, it is still at the committee stage in the House of Commons, where potential amendments are being considered.
Immediate reaction from the education sector and trade unions
The education sector has actively engaged with the proposed legislation, recognising its potential to significantly impact schools and trusts.
Trade unions within the sector have expressed support for the Bill, viewing it as a step toward achieving fairness, security, and dignity for workers. The National Association of Schoolmasters Union of Women Teachers (NASUWT) has indicated its commitment to working with parliamentarians to ensure the legislation effectively strengthens workers' rights.
There are however elements of the Bill that have received mixed reactions within the sector. Trade unions such as the National Education Union (NEU) welcomed the suggested provisions like the reinstatement of the School Support Staff Negotiating Body (SSSNB). However, concerns have been raised about the feasibility of implementing certain requirements, particularly for smaller MATs and individual schools with limited administrative capacity. The impact upon central teams including c-suite roles also remains uncertain.
Employer representatives in the education sector highlighted challenges related to budgetary constraints, especially regarding day-one entitlements for sick pay and parental leave. MAT leaders expressed the need for clear guidance on compliance and sought assurances of additional government funding to support these changes.
The status of the Bill: Debated and still under debate or consultation
The Employment Rights Bill has progressed significantly through the Public Bill Committee. Below is a summary of its status and the implications for schools and trusts.
Debated
Day-one rights for parental leave and paternity leave: These provisions remove the service period requirement, granting immediate access to parental leave. Schools and trusts will need to update HR policies and payroll systems to reflect this entitlement.
Public sector outsourcing protections: The reinstated two-tier workforce code aims to ensure fair treatment for outsourced workers. Schools and trusts will need to review service contracts for compliance, especially in areas like catering and cleaning.
School Support Staff Negotiating Body (SSSNB): Debated and confirmed on 12 December 2024, this reinstated body addresses pay and conditions for support staff, with a focus on teaching assistants and SEND specialists.
Still under debate or consultation
Short-notice shift cancellations: Ongoing discussions focus on defining “reasonable notice” and compensation for cancelled shifts. Schools and trusts employing support staff on variable hours must prepare for potential cost implications.
Unfair dismissal extension to time-limits: This provision, set to extend the current time limit of 3 months, within which to raise a claim to an Employment Tribunal, to 6 months. This will apply to all types of claims, including discrimination and unfair dismissal claims. Schools and trusts will need to review data retention policies to reflect any extension.
Zero-hour contract rights: The right for workers on zero-hour contracts to be offered a contract that reflects their actual working hours is still under debate. While the proposed reference period for assessing regular hours is expected to be 12 weeks, concerns from the private sector have highlighted potential impacts on operational flexibility. As a result, some stakeholders are advocating for exceptions or tailored rules for specific sectors. Schools and trusts will need to keep abreast of these changes to ensure that the contracts of any individuals employed on a casual basis (such as for exams, supply work, or music sessions) are reviewed and remain compliant.
Equality action plans: It is intended that employers with over 250 employees be required to publish plans addressing pay gaps and diversity. For large MATs, this presents an administrative challenge but also an opportunity to lead on inclusivity.
Fire-and-rehire practices: This provision seeks to restrict exploitative practices while allowing necessary flexibility. Schools and trusts will potentially need to review restructuring plans to ensure compliance and that policies follow a robust process.
Probationary period rights: Implementation details for a lighter-touch dismissal process during probationary periods remain unresolved. Schools and trusts will need to balance performance management with the enhanced rights of new hires.
Harassment protections for third parties: Concerns persist about the enforceability of provisions requiring employers to prevent harassment by third parties, which could impact interactions with contractors, parents, and visitors.
Collective consultation for redundancies: Expanded consultation requirements may complicate decision-making for small-scale layoffs, necessitating clearer guidance for schools and MATs.
Key areas for schools and trusts to address
Schools and trusts are significant employers, and this Bill, if enacted, is set to impact many areas of HR and workforce planning. Key areas of focus should include compliance with new entitlements, developing inclusivity through Equality Action Plans, and addressing pay disparities for support staff.
In summary
As the Employment Rights Bill continues its legislative journey, it remains subject to further scrutiny and negotiation between the Houses of Parliament. The back-and-forth deliberations reflect the complexity of balancing worker protections with practical considerations for employers. With several clauses still under debate and detailed consultations on implementation guidance ongoing, the final shape of the Act will depend on the ability of lawmakers to reconcile differing perspectives and address stakeholder concerns.
The Bill’s timeline for Royal Assent, anticipated in early 2025. The education sector, among others, must remain vigilant and proactive, preparing to adapt to these changes while advocating for practical solutions that support operational efficiency and workforce morale.
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