Education employment law: A complete guide to ERA changes for schools and MATs

The first wave of ERA changes came into force in April 2026. Flexible working also became a day-one right in April 2024 under separate legislation - if you haven't already reviewed your flexible working policy, now is a good time. Alongside the ERA changes, the National Living Wage rose to £12.71 per hour for workers aged 21 and over from April 2026, directly affecting support staff budgets in schools, particularly in catering, estates and classroom assistance roles. Here's what the ERA changes mean for schools and MATs:

SSP from day one of sickness absence: April 2026

Employees are now entitled to statutory sick pay from the first day of sickness absence, removing previous waiting periods and improving financial security during short-term illness. This helps support school and trust staff, particularly teaching assistants, cleaners and other support roles, who may have previously been financially penalised for short-term absences. The lower earnings limit has also been removed, meaning staff on part-time or low-hours contracts who previously fell below the eligibility threshold are now entitled to SSP from day one.

Paternity and parental leave as day-one rights: April 2026

Eligible employees can now access paternity and parental leave from the first day of employment, rather than having to meet qualifying service requirements. Note that ordinary parental leave remains unpaid, and while the right to take paternity leave is now a day-one entitlement, employees still need 26 weeks' service to qualify for statutory paternity pay - a distinction worth communicating clearly to new starters. This makes workforce planning more predictable in the long term while also improving recruitment and retention in a sector where flexibility is increasingly important. 

Separately, eligible fathers and partners can now take up to 52 weeks of unpaid leave if the mother or primary adopter of their child dies - this came into force in April 2026 under separate legislation.

Redundancy consultation: April 2026

From 6 April 2026, where schools or MATs fail to carry out collective redundancy consultation correctly, the maximum compensation a tribunal can award to affected staff doubled from 90 to 180 days' pay per employee. Collective redundancy rules apply when 20 or more redundancies are proposed at a single site - a threshold relevant to MATs managing staffing changes across multiple schools.

Fair Work Agency: April 2026

A new Fair Work Agency has been established to oversee the enforcement of employment rights and strengthen compliance across UK workplaces. This introduces a more formal regulatory presence, so HR processes must be clearly documented and consistently applied across schools and trusts. For schools and MATs, this means pay records, working time records and HR documentation need to be accurate and up to date - particularly for staff on variable hours, sessional contracts or shift patterns, where record-keeping is most likely to come under scrutiny.

Whistleblowing protections extended: April 2026

From 6 April 2026, sexual harassment became a qualifying disclosure under whistleblowing law, meaning that staff who raise concerns about sexual harassment in the workplace are legally protected from dismissal or unfair treatment for doing so. Schools should review their whistleblowing policy to confirm it explicitly covers sexual harassment, and ensure all staff know how to report concerns and to whom. 

Holiday record-keeping: April 2026

From 6 April 2026, employers are legally required to keep records of annual leave and holiday pay for all staff, including leave taken and any leave carried over from previous years. These records must be retained for a minimum of six years. For schools and MATs with large numbers of part-time, term-time and variable-hours staff, maintaining accurate leave records throughout the year rather than just at key points is now a legal requirement, not just good practice.

For a useful guide on some specific actions to take for each of these changes, see our HR compliance in schools guide.

As well as making sure your school or MAT is compliant with the first wave of ERA reforms impacting education employment law, three further changes arrive in October 2026. While they aren't exclusive to the education sector, the timing matters - with September marking one of the busiest points in the school year, starting your preparation now makes sense.

Harassment prevention duty

From October 2026, employers will be liable for harassment in the workplace from third parties, unless they can demonstrate that they have taken “all reasonable steps” to prevent it. This strengthens the current requirement, which refers only to “reasonable steps.”

In schools and MATs, this is particularly significant because staff regularly interact with pupils, parents and visitors in environments where safeguarding frameworks have traditionally focused more heavily on pupil protection than staff experiences. It places greater emphasis on ensuring that staff safety is embedded into everyday school culture and processes.

Employment tribunal time limits

Employment tribunal claims will see the time limit extended from three months to six months, giving employees a longer window to bring forward disputes. This change is intended to improve access to justice and allow more time for early resolution.

For schools and MATs, this increases the period during which employment decisions may be challenged, meaning that HR records, decision-making processes and documentation will need to be maintained for longer and with greater consistency.

Changes to trade union rules

From October 2026, a range of changes will strengthen trade union rights, including a duty for employers to inform workers of their right to join a union, updated workplace access rights, enhanced support for union representatives, new protections for industrial action participants, and an updated Code of Practice on union recognition.

In schools and MATs, these changes will require more structured engagement with union representatives, and clearer communication with staff about their rights. They may also influence how industrial relations are managed during periods of change, particularly in larger trusts with multiple staff groups.

Shortly after the October updates, further changes are expected to come into effect from January 2027. Shortly after the October updates, two further confirmed changes take effect from 1 January 2027. Planning ahead now gives schools and MATs time to update processes and train staff before the changes land.

Changes to unfair dismissal

From 1 January 2027, employees will gain protection from unfair dismissal after six months of continuous employment, replacing the current two-year qualifying period. The reforms also remove the cap on the compensatory award for unfair dismissal, increasing potential financial exposure for employers in upheld claims.

These proposals were originally expected to go further, with protection from unfair dismissal becoming a day-one right. However, this was revised before the Bill became law, with a six-month qualifying period ultimately agreed instead.

In schools and MATs, this shortens the window for managing performance and conduct before full dismissal rights apply, increasing the importance of robust induction, probation and early-stage documentation.

Dismissal and rehire

Dismissing an employee and rehiring them on less favourable terms and conditions (sometimes known as “fire and rehire”) will become an automatically unfair dismissal in most cases. These changes will take effect from 1 January 2027, having originally been expected in October 2026, alongside an updated statutory Code of Practice to support implementation.

In schools and MATs, this will make it much harder to change contracts during restructures, funding pressures or workforce changes. Instead, HR teams and senior leaders will need to focus on talking things through and reaching agreement with staff before any terms are changed.

Alongside the confirmed changes due in January 2027, there are several other proposals still under discussion. At this stage, it’s not yet clear when these measures will be brought into law, and they may be subject to further consultation or amendment. However, they reflect the current direction of travel and give a strong indication of the government’s emerging priorities for future reform.

Changes to flexible working laws

Further changes to flexible working law are expected in 2027, requiring employers to clearly state one of eight statutory business reasons when refusing a request to explain why the decision is reasonable. This reflects current good practice but will become a legal requirement, with decisions expected to follow the Acas Code of Practice.

In schools and MATs, this may increase demand for flexible arrangements across teaching and support roles, requiring careful balancing of operational needs, timetabling constraints and workforce expectations.

Increased pregnancy and maternity rights

The changes are slated to expand protections for employees during pregnancy, maternity leave and return-to-work periods, strengthening rights around job security, flexibility and protection from detrimental treatment. The aim is to provide greater stability and support during and after maternity leave.

In schools and MATs, this will require more structured planning for maternity cover and return-to-work arrangements, particularly in environments where staffing continuity is essential for safeguarding and learning outcomes.

Changes to zero-hours and variable contracts

Under the new rules, staff working regular patterns on zero-hours or variable contracts for 12 weeks or more will gain the right to request guaranteed hours. This is designed to reduce long-term insecurity for workers in flexible or casual arrangements.

In schools and MATs, this will most directly affect casual and sessional staff such as cover supervisors, lunchtime staff and wraparound care providers, where working patterns can be highly variable across the academic year.

Collective redundancy - organisation-wide threshold

Currently, collective redundancy consultation rules are triggered when 20 or more redundancies are proposed at a single site. From 2027, this threshold is expected to apply across the whole organisation - meaning a MAT could be required to begin formal collective consultation even if no individual school reaches 20 redundancies on its own. The precise threshold is still under government consultation and has not yet been confirmed.

For MATs managing staffing changes across multiple schools, this is a significant shift. It will require trust-level oversight of redundancy planning rather than school-by-school management, and early legal advice will become even more important when any restructuring is being considered.

For updates as these changes are confirmed, visit our HR resources for schools and MATs.

Managing the volume and pace of employment law change is becoming increasingly difficult, particularly for MATs with multiple schools, each with its own systems and processes. With 28 reforms rolling out across 2026 and 2027, keeping contracts, leave policies, payroll and dismissal procedures up to date consistently across a whole trust is a significant undertaking.

This is where a centralised approach to HR becomes essential. Access Education People is our HR software for schools and MATs, which brings HR processes together in one place, including compliance tracking, employee records, leave management and policy acknowledgement. This makes it easier to apply changes consistently across staff and sites. Our managed payroll for schools and MATs also supports accurate processing of statutory pay changes such as day-one SSP and updated paternity pay entitlements. Together, they reduce the risk of changes being missed or applied inconsistently across schools in a trust.

If managing these changes is exposing gaps in your current HR system, it may be time to review your provider. Read our guide on switching HR provider to understand when to make a change and how to approach it, or comparing HR providers for schools to see how different solutions stack up.