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Why is legislation important in education? Your in-depth guide

Schools must be able to successfully navigate relevant education legislation, and the stakes are high: non-compliance can directly impact staff and pupils, and could incur consequences for the school. Legislation that’s relevant to schools spans employment, HR, budgeting, school management and safeguarding; remaining vigilant across these areas is essential to ensure fair treatment, safety and high standards of education.  

Schools need to know and understand the legislation that applies to them, and be aware of any changes that will require them to update processes and procedures. They will also need to provide suitable training and resources for staff, ensuring everyone can work together to achieve safety, support and compliance.

For those seeking an overview of legislation in education, this guide will walk through the laws relevant to schools, shed light on legislative updates, provide clarity around compliance and offer tips for practical application by school leaders, teachers and support staff

4 minutes

Written by Rich Newsome - Thought Leadership Expert.

Understanding education legislation

chart with key education legislation points

Education legislation spans the Department for Education’s (DfE’s) statutory guidance for schools and local authorities, as well as general employment legislation that applies to all employers. Legislation is in place to ensure specified standards are met and to protect and safeguard children in school, promoting pupil welfare and helping to ensure individuals have what they need to thrive.

Legislation also ensures that finances are managed appropriately and schools are run and governed effectively, and it protects teachers and other employees as mandated by employment law. 

In summary, the four key types of education law are:

  • Curriculum and teaching standards. School curriculums and teaching practices are overseen by a mix of statutory requirements and guidance, with the specific legislation varying between types of school. The DfE supplies statutory curriculum guidance for local authority maintained schools.
  • Safeguarding and student welfare. Schools have legal duties to safeguard pupils and promote their welfare. This applies to all schools and colleges, and must be followed by everyone working in that environment. There is specific statutory guidance covering looked after children, and pupils with health needs or special educational needs and disabilities (SEND).
  • Employment and HR. As with all employers, schools are subject to employment and pay laws to protect teachers and other employees. The requirements range from holding compulsory staff inductions, to offering fair pay and conditions to school teachers.
  • Budgeting and financial requirements. Local authorities must publish schemes for financing the schools they maintain, and academies are subject to the frameworks laid out in the academy trust handbook. 

To adhere to their legal duties, schools must shape processes and operations around relevant legislation and ensure they follow statutory guidance effectively. It is the school’s responsibility to comply with relevant education legislation, and it must be able to provide evidence of compliance where necessary.

Non-compliance can have major consequences for schools, but more concerningly, it can have serious and avoidable consequences for pupils and staff. 

Download your free guide to HR legislation

Key areas of education law schools must know

There are four key areas of education law. Here's what they are, and what they mean for schools and trusts.

New education laws and recent education legislation

Schools must stay up to date with new education laws, recent education legislation, and upcoming legislative changes. This summary details updates schools need to be aware of now, as well as new education legislation to monitor for the future.

Recent education legislation impacting school HR

  • Carer’s Leave Act. Employees now have a day-one statutory right to take a maximum of one week’s unpaid leave per year, which can be used to care for a dependant with a long-term care need. The leave can be taken flexibly.
  • Employment Relations (Flexible Working) Act. This legislation has given employees the right to request flexible working from day one, and two requests can be made in a 12-month period. Employers must consult with an employee if they are going to reject a request, and they must respond within two months. Schools must have managers who are trained to consider flexible working requests, and they will need to have thoughtful dialogue about any requests, even if they are not possible to accommodate.
  • Protection from Redundancy (Pregnancy and Family Leave) Act. This has extended the period of special protection from redundancy when employees are on family leave. Previously, employees had to be offered any suitable vacancy if on leave, but now, the protected period covers the entirety of an employee’s pregnancy, through to 18 months after they give birth. Employees returning from adoption leave will also share the same terms for 18 months following placement.
  • Neonatal Care (Leave and Pay) Act. This entitlement allows 12 weeks of paid leave for parents if their newborn baby is admitted to neonatal care, in addition to their other maternity or paternity leave. The leave applies to parents if their baby is admitted into neonatal care when they are up to 28 days old, and when their continuous stay in hospital is seven full days or longer.
  • Paternity Leave (Bereavement) Act 2024. With this update, bereaved fathers/partners can take immediate paternity leave in the case of maternal death, without the requirement for a minimum length of service. It is applicable within a year of a child’s birth or adoption.
  • Worker Protection (Amendment of Equality Act 2010) Act — Preventing Harassment. Under this act, employers must take reasonable steps to prevent their employees being subject to sexual harassment. If an employer is found to have failed in their duty, employment tribunals can increase compensation awards by up to 25% when there is a successful sexual harassment claim. This legislation is due to be strengthened with the upcoming Employment Rights Bill, which will require employers to take all reasonable steps to prevent harassment. 

New education legislation and upcoming changes to monitor

  • Employment Rights Bill. This wide-ranging bill will make numerous employment reforms, including the removal of a qualifying period for unfair dismissal claims, the strengthening of statutory sick pay and the introduction of a right to unpaid bereavement leave. As part of the bill, the School Support Staff Negotiating Body (SSSNB) will be reinstated to improve pay and conditions for support staff based in England. This body was originally abolished in 2010, and its reintroduction will help to ensure support staff are paid fairly, can access training resources and pursue career progression opportunities, among other benefits. It will apply to both local authority maintained schools and academies, and is intended to help them recruit and retain the staff they need to provide high standards of education.
  • Strikes (Minimum Service Levels) Act — Education Sector. In reaction to strikes, the government introduced legislation to require minimum service levels in key public sectors, including education. However, this will be repealed when the Employment Rights Bill is passed.
  • Equality (Race and Disability) Bill. This upcoming legislation is designed to expand fairness and equality in the workforce, removing barriers for ethnic minority employees and those with disabilities. The bill will cement the legal requirement for equal pay, and will require mandatory reporting on ethnicity and disability pay gaps for organisations with 250 employees or more.
  • Children’s Wellbeing and Schools Bill. The bill intends to change the law to offer better protection for children and raise standards in education. It will include the introduction of a single unique identifier (SUI) to improve information sharing when there are welfare concerns, extended powers to find school places for previously looked after children, requirements for new teachers to have qualified teacher status and more.

These are some of the key legislative changes that schools need to be aware of; schools should continue to monitor additional or further changes and work with HR partners to fully understand and act on them, adjusting documentation and leave policies as required. These represent some of the most important new education laws schools must prepare for, though additional updates may follow.

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Why legislation matters for schools

a British head teacher standing in a school corridor

Non-compliance with legislation can carry heavy penalties for schools, and there can be serious consequences for the school community, especially with regards to safeguarding.

These are some of the key reasons why legislation is crucial in the education sector:

  • Defining and overcoming HR challenges. Schools face difficult, often unique challenges. Legislation can shed light on some of these challenges and help schools identify the correct path forward.  
  • Budgeting and financial guidance. Statutory guidance ensures adequate controls are in place and schools’ expenditure and income will be monitored.
  • Workforce protection. Legislation protects school staff and ensures they receive fair pay and conditions, laying out statutory guidance that schools must follow. Even in the case of academies where some statutory guidance does not apply, employers still need to follow guidance for employing people, which means workers’ rights are protected.
  • Championing and safeguarding pupils. Laws are in place to protect pupils and prioritise their needs and wellbeing. Schools are legally responsible for following them and acting in pupils’ best interests.

Schools have a duty to parents, pupils and employees and they must therefore put steps in place to ensure they can effectively meet their legal obligations. This may require schools to seek external HR support, implement suitable HR and finance software, train and recruit staff appropriately and much more. Legislation holds schools accountable for this, which is why it’s so important. 

Staying compliant: Practical tips for schools

teacher pointing at compliance tips

Follow this compliance checklist from Access Education to help maintain legislative compliance:

  1. Stay informed. Education legislation changes and new education legislation come into effect regularly. Track reliable sources such as the government website, and have a designated HR lead monitor updates.
  2. Review policies and procedures. This includes revising staff handbooks and HR policies before the start of each school year, even if there have not been any specific legislative updates. New entitlements must be reflected in this documentation, and policies and procedures should be updated to ensure the school can action changes.
  3. Conduct training. To implement legislation on the ground, those with managerial responsibilities must understand any changes and have a complete playbook for dealing with them in real-life situations. Use INSET days to brief the senior leadership team and department heads, and offer full training on handling situations that may arise. Leaders should know their rights, the rights of employees and exactly how to act on them. They should also receive training in soft skills so they are capable of having empathetic, fair conversations in circumstances that can be challenging.
  4. Maintain safeguarding and curriculum records. Ensure there are complete, accurate records available for ongoing safeguarding and auditing, and ensure parents receive communication as needed. Develop reliable and trusted systems for record keeping, which will likely mean using school-specific HR software that can handle, process and store large volumes of sensitive information.
  5. Audit budgeting and finance operations. Coordinate with finance teams, payroll providers and HR teams to implement procedural changes ahead of the school year and align on any legislative changes that will need to be baked in. For example, a change to employer’s National Insurance or a teacher pay award will affect payroll and budgeting. Or, changes to employee leave entitlements may increase the need for supply teacher cover, pushing up costs. Ensure these circumstances are accounted for in the year’s budget and prepare to remain agile, leaning on budgeting and HR technology to recalculate forecasts and rework budgets when needed. 

Legislative compliance requires continual review

Legislative compliance is not a box-ticking exercise. It changes, develops and is adapted to support those who need it, making it crucial for schools to monitor laws and statutory guidance as it evolves. Staying ahead of legislation protects students and staff, and prevents schools from running the risk of non-compliance with essential policies.

To stay up to date with legislative changes, regularly review government guidance and sign up to receive relevant notifications when important legislation changes.

The right HR software can also help by speeding up routine HR processes, giving you more time to focus on compliance and ensuring your school meets its statutory responsibilities. Schedule your free demo of Access Education People today. 

 

FAQs on legislation in education

What is legislation in education?

Legislation in education refers to the laws and statutory guidance that govern how schools are run. It covers everything from safeguarding and curriculum standards to employment rights and financial management. Schools must follow this legislation to ensure they meet legal duties and protect staff and pupils.

Unlike generic ATS platforms, an education-focused system accounts for the unique demands of the sector, such as safeguarding requirements, seasonal hiring cycles, and role diversity (e.g. classroom teachers, support staff, leadership roles).

The goal? To make it easier, faster, and safer to find the right people for your school community.

Why is legislation important in education?

Legislation protects both students and staff. It sets minimum standards for safety, welfare, pay, and curriculum delivery. By complying with education law, schools create a fair, safe and effective learning environment.

What are some examples of education employment law?

Education employment law covers teacher and staff contracts, pay scales, pensions, maternity leave, flexible working, and workplace safety. Guidance is set out in national agreements such as the Burgundy Book, teachers’ pay and conditions documents, and general employment legislation.

Using an applicant tracking system for education helps you:

  • Stay compliant every time you hire, without reinventing the process
  • Save time by automating admin tasks and keeping everything in one place
  • Present a professional image to candidates, even if you're a small school
  • Build talent pools for future roles, so you're not starting from scratch each time

You don’t need a big HR team to benefit from recruitment software—you just need the right tools that are built to work the way schools do.

What new education laws should schools be aware of?

Schools need to track new education laws and updates to employment law. Recent changes include the Carer’s Leave Act, Neonatal Care (Leave and Pay) Act, and extended protection from redundancy during family leave. Upcoming legislation, such as the Employment Rights Bill and the Children’s Wellbeing and Schools Bill, will also impact schools significantly.

Where can I find information about recent education legislation?

The government regularly publishes updates on recent education legislation through the Department for Education (DfE). Schools can also monitor union updates, HR guidance, and professional bodies to ensure they don’t miss changes.

What’s the difference between new education legislation and recent education legislation?

“Recent education legislation” refers to laws that have already come into effect, while “new education legislation” usually refers to upcoming changes schools should prepare for. Both require careful monitoring to ensure compliance.

Rich Newsome Portrait

By Rich Newsome

Thought Leadership Expert

Meet Rich Newsome, a thought leadership expert with a passion for education that stems from his background as a teacher. Committed to shedding light on the most significant issues in education, Rich goes above and beyond to provide schools with the guidance and support they need without the burden of extensive research.

Drawing from his firsthand experience, he brings the voices of the education sector to life, allowing those within schools to share their experiences, exchange ideas, and explore best practices.

As our in-house Content Manager, Rich is dedicated to creating a platform where the collective wisdom of educators can flourish, fostering a community that thrives on shared knowledge and innovation in the ever-evolving landscape of education.