Updated
Updated · localgovernmentlawyer.co.uk · Jul 8
Employment Rights Act 2025 Reshapes School Staffing as Section 38 Revives National Support Staff Framework
Updated
Updated · localgovernmentlawyer.co.uk · Jul 8

Employment Rights Act 2025 Reshapes School Staffing as Section 38 Revives National Support Staff Framework

1 articles · Updated · localgovernmentlawyer.co.uk · Jul 8

Summary

  • Schools and multi-academy trusts are being urged to review employment practices now, as the Employment Rights Act 2025 is expected to tighten dismissal, leave and harassment obligations across the education sector.
  • Probation management is set to become more critical because expanded unfair-dismissal protections may leave schools less time to assess new hires, document concerns and decide whether staff are suitable for the role.
  • Family-related rights from day one could complicate academic-year staffing plans, while stronger duties to prevent harassment may require clearer reporting and intervention when parents, carers or visitors intimidate staff.
  • Flexible roles such as invigilators, lunchtime supervisors and wraparound staff also need contract reviews, especially where regular working patterns have drifted away from occasional or loosely documented arrangements.
  • Section 38 and Schedule 4 add a longer-term shift: the new School Support Staff Negotiating Body will cover support staff in both maintained schools and academies, with potential implications for pay, budgeting and workforce strategy.

Insights

Could stronger job protections paradoxically make schools more reluctant to hire new talent?
Unions are threatening strikes. Will the new negotiating body deliver real change for school support staff or just conflict?
With dismissal compensation now uncapped, are UK schools facing a hidden financial crisis that could impact classrooms?