The Employment Rights Bill - What is it and Why is it Important?

Welcome to the first instalment in our series on the Employment Rights Bill (ERB). Over the coming months, we’ll unpack key changes, timelines, and practical steps your HR or leadership team in a school or multi-academy trust (MAT) should take now to be ready. In this post, we explain what the Bill is, why it matters in the education sector in England, and what your next steps should be.

What is it?

The Government’s new Employment Rights Bill (ERB or “the Bill”) is one of the biggest changes to employment law in recent years, and its aim is to:

• Improve job security and working conditions
• Modernise the legal framework to reflect the realities of today’s labour market
• Strengthen the rights of workers, particularly those in more insecure or flexible roles
• Enhance workers’ rights from day one of employment
• Add new obligations around consultation, dismissal, pay, redundancy, harassment and union rights

However, most of the far-reaching changes are not due to take effect immediately; instead, they are planned to be phased in from 2026 onwards, with consultations and secondary legislation preceding implementation.

As an employer in the education sector - especially a school or academy trust - you must begin planning now to ensure compliance and mitigate risk.

Why is it Important? 

The Bill outlines a number of key employment changes that will change the way employers recruit, manage the employment relationship and dismiss staff. This will involve reviewing policies, procedures and compliance practices, as well as training for line managers. 

Additional Considerations for the Education Sector and Why it Matters

The Employment Rights Bill isn’t just a technical change to employment law - it has direct and practical consequences for schools:

Funding Constraints
Many schools and trusts operate under very tight budgets. Consultation obligations, harassment prevention, and contract changes will also add to administrative and compliance costs and possible tribunal claims could add further financial pressure. With already tight budgets, schools will need to plan ahead to absorb these pressures without impacting classroom provision.

Reputational and Governance risk
HR or tribunal claims in school settings can draw negative attention from parents, Ofsted, and the community. Ensuring robust, fair, and transparent HR procedures are in place which is not only legally imperative but strategically important. Staff will have more rights to bring claims, increasing potential exposure and costs. Employment tribunals are not only costly but can also attract negative publicity, which can affect parental trust, staff morale, and even Ofsted judgements around leadership and management.

Complex Staffing Models
Schools use a mix of full-time, part-time, supply, agency, and term-time-only roles. The Bill’s requirements may challenge existing workforce models and require redesign. The new obligations to offer guaranteed hours and provide notice for shift changes may make this harder and more expensive, limiting schools’ ability to react quickly to timetable changes or absences.

Capability and Training
Line managers in schools often come from education or pastoral backgrounds without HR training. Given the increased exposure under the ERB, investing in training and decision-support is essential. Leaders and managers will need to be confident in applying fair, consistent HR processes. Poor practice could result not only in legal claims but also in union disputes and strained staff relations, which directly affect retention and morale.

Trust-Wide Coordination
In multi-academy trusts, where HR policies and practices are consistent across sites, the Bill increases the need for central oversight, compliance assurance, and unified training and governance. 

Where are we now? Implementation Timeline & Road Map for Schools

The Bill is expected to become law this Autumn 2025. The Government has published its roadmap on its proposed implementation dates for the various changes the Employment Rights Bill (ERB) will make. In summary it sets out a proposed roadmap outlined. 

Most of the reforms will take effect in April and October 2026, with the most substantive reforms, including the changes to unfair dismissal rights and to zero-hour contracts, not taking place until 2027. 

What Should You Do Now? 

• Plan for a review and audit of current HR/employment policies
• Conduct a gap-analysis of your current practice against expected new obligations
• Begin training line managers, HR leads, central trust teams
• Communicate with Governors / Trustees / Finance Leads to include in the financial planning cycle

How Judicium can help... 

The Employment Rights Bill represents a major shift in employment law. Most changes are not immediate, but schools that prepare now will be better placed to manage risk, control costs, and maintain positive staff relations.

To keep you up to date with all the latest developments, we have set up an ERB email subscription where will be regularly sending out regular updates on the different aspects of the Bill. Subscribe here to keep informed of the proposed changes and how best to prepare for them. Our team are also here to help our clients review policies, train managers, and prepare for the new landscape.

Additionally, our HR Content Hub offers a range of comprehensive guidance and a variety of valuable tools and templates on a range of HR matters.

You can find information regarding our Employment Law and HR service here.

If you require any support in any of these steps or would like to talk to someone surrounding some support for your school, please do not hesitate to call us on 0345 548 7000 or email enquiries@judicium.com. 

 Follow us on Twitter: @JudiciumEDU