Employment Rights Act 2025 receives Royal Assent: what school employers should be focusing on now

Royal Assent and the implementation phase

The Act received Royal Assent in December 2025 following extensive parliamentary debate and amendment. While some measures are already in force, many of the most significant changes will be introduced in stages and will depend on further regulations and guidance.

For schools, this creates a transitional period in which understanding the direction of travel is just as important as tracking formal commencement dates. Decisions taken now will need to be tested against the future legal framework, not just current law.

Key changes expected from April 2026

From April 2026, a number of important changes are expected to take effect, including:

• Day one rights to paternity leave and unpaid parental leave
• Removal of the lower earnings limit and waiting days for statutory sick pay
• The establishment of the new Fair Work Agency, bringing together enforcement functions currently spread across multiple bodies
• Enhanced whistleblowing protections
• A simplified trade union recognition process
• Doubling of the maximum protective award for failures in collective redundancy consultation.

For schools, these changes will affect workforce planning, absence management, employee relations and collective consultation risk. They also reinforce the need for careful documentation, early advice and consistent processes.

Fire and re-hire: a rapidly closing window

Alongside these April 2026 changes, schools should be particularly mindful of the forthcoming restrictions on dismissal and re-engagement, often referred to as ‘fire and re-hire’, which are due to take effect later in 2026.

Once these provisions are in force, the ability to impose significant contractual changes without agreement will be very limited. This has clear implications for schools considering projects such as changes to pension arrangements, working patterns or other fundamental terms.

For schools that may be considering projects involving pension arrangements, working patterns or other fundamental terms, timing is therefore critical. Options that remain available under the current framework will fall away once the new provisions apply, making early strategic planning essential.

Preparing for the next phase

Schools should actively assess whether strategic workforce or cost pressures are likely to require contractual change, and whether those changes need to be progressed under the current legal framework rather than deferred. This includes identifying projects that may need to be implemented before the new restrictions on dismissal and re-engagement take effect, in order to preserve options that will not be available later.

For subscribers to our independent schools contracts and manual update service, we will also be publishing a comprehensive update to reflect key changes in advance of their implementation. 

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For more information or advice please contact Alice Reeve in our Independent Schools team.