Last week, the government unveiled the Employment Rights Bill (ERB), which contains a host of provisions that will affect all workers in the UK. Certainly within education, its impact could be profound.

Employment law, particularly in education, is already a complex field. Teachers work under different terms and conditions based on their employer - whether it’s an academy, local authority or independent school.

Even within the same school, teachers can have varying employment terms depending on when they joined.

The ERB will add layers to this complexity and open new avenues for major changes in everything from strikes to retention and recruitment. Here’s how things could change:

1. Day-one rights

One of the most significant changes is the removal of qualifying periods for certain employment rights. Notably, the two-year period before employees can claim unfair dismissal will disappear.

This will give teachers peace of mind when moving schools, knowing they won’t lose protection if they switch employers.

It will also mean that recruitment will become more important as it will be much harder to remove someone who proves not to be a good fit - although some yet-to-be-finalised allowances will be made for probationary periods.

This will all bring challenges for school HR teams. The introduction of these rights could lead to an increase in disputes, which may stretch resources both internally and in the wider employment tribunal system.

Parents will also benefit, as statutory parental leave and paternity leave will be available from day one of employment.

2. Trade unions

Unions are among the biggest winners in the new legislation. The ERB will strengthen their access to workplaces, lower the thresholds for statutory recognition and industrial action, and allow for electronic balloting.

These changes could significantly affect the independent sector, where union presence has traditionally been weaker.

For the state sector, the reduced ballot thresholds will make it easier to mobilise industrial action.

Had these rules been in place in 2023, the NASUWT would have surpassed the threshold for action, joining the NEU on the picket line. The combination of lower thresholds and modernised balloting could lead to more coordinated strikes, especially if pay disputes continue.

3. Flexible working

The government has claimed the bill will make flexible working the default. However, for schools, the practical impact may be limited.

While teachers can already request flexible working, schools will still be able to refuse such requests. The ERB will require schools to give reasons for the refusal, but the fundamental power remains with employers.

Flexibility in schools is a two-way street. While teachers may seek more flexible arrangements, schools, as employers, may desire greater flexibility in managing staffing resources - something that longstanding agreements between employers and unions, such as the 1,265 hours of directed time, make more challenging.

As other sectors embrace more flexible work patterns, accelerated by the ERB, schools may face increasing pressure to adapt, but it’s unclear how this will evolve under existing frameworks.

Unanswered questions

While the ERB provides a broad framework for change, many questions remain. For instance, the proposals around fire and rehire practices, which have been used by some independent schools to manage pension costs, are still underdeveloped.

Additionally, questions remain about how non-unionised workers will be empowered to exercise their rights. The bill focuses heavily on unionised settings, leaving a gap in protections for those outside traditional unions.

What is certain is that change is on the horizon. Schools should start preparing for these reforms, which will likely come into force from 2025 onwards.

The ERB is set to reshape employment in education, and both teachers and employers will need to adapt to this new landscape.

Alistair Wood is chief executive of Edapt