
Employee rights: More protection, sooner
Historically, schools have had some flexibility with probation periods, casual staffing and employment protections. That’s changing fast.
What’s changed:
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Flexible working requests can now be made from day one of employment
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From 2026, staff will be entitled to Statutory Sick Pay, paternity leave, and unpaid parental leave from day one
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By 2027, day-one protection from unfair dismissal is likely to become law
What it means for schools:
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Informal or inconsistent probation practices won’t hold up
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Schools will need better documentation, clearer performance management, and fairer dismissal procedures
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Internal policies must reflect statutory rights, even for fixed-term and support staff
Example: A teaching assistant on a 3-month contract requests unpaid parental leave after one week. Under the new rules, you’ll be legally required to allow it. Denying it could trigger a claim.
Pay equity: Pressure beyond gender
Pay equity isn’t just a matter of fairness. It’s quickly becoming a compliance issue.
What’s changing:
- Pay gap reporting is expected to expand beyond gender, potentially including ethnicity, disability and other protected characteristics
- Unions and campaign groups are calling for more transparency in MATs and larger schools
- Internal disparities between schools in the same trust are already raising questions
What it means for schools:
- Scrutiny will increase, from staff, unions, and external regulators
- MATs and LAs may need to justify pay variations across schools and departments
- Historic decisions like offering higher salaries to recruit to harder-to-fill schools may need revisiting or documenting more clearly
FAQ: “Do we need to report our ethnicity pay gap?”
Not yet. But if you collect the data and spot a disparity, you’ll be expected to act. The EHRC encourages voluntary reporting, and legislation may soon make it mandatory.
Safeguarding for staff: A legal duty, not just good practice
From October 2024, all employers will face a legal duty to prevent sexual harassment in the workplace. This includes harassment from third parties such as pupils, parents and carers.
What’s required:
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A documented commitment to preventing workplace harassment
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Evidence of training, reporting procedures and leadership awareness
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Responses to incidents that are timely, proportionate and well-logged
Why this matters in education:
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Staff wellbeing is already under strain, especially among women and early-career teachers
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Failure to act could result in tribunal claims, reputational damage, and Ofsted scrutiny under staff welfare provisions
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Parents and carers are explicitly included in the scope of this law
Example: A parent makes repeated inappropriate comments to a teacher via school communication platforms. If the school doesn’t step in, it could be liable under the new law.
What you should do now
These aren’t future concerns. They’re already reshaping expectations across the sector. Start with these immediate actions:
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Audit contracts and policies for outdated language or missing entitlements
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Set clear standards for probation, dismissal and performance reviews
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Review pay structures and start collecting equity-related data
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Update safeguarding policies to include staff as well as pupils
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Deliver staff-wide and leadership-specific training on harassment and rights
And get in touch with one of our education experts for more information.