Employment Law Changes for Independent Schools: 18-Month Timeline
What changes to expect in employment law over the next 18 months, and how to start planning for them
This article will be updated periodically to reflect changes to the dates and legislation.
Last edit: 26/3/26
At this time of year, Independent School clients will be looking to the future to cement the changes that have been put in place to help see out difficult economic circumstances, or to consider further changes to continue to protect themselves from upcoming legislative developments, and to grow to meet the standards of excellence that they, and the parents of their pupils, hold themselves to.
We are seeing a significant increase in the consideration of wholescale staff changes to terms and conditions, redundancies, and mergers and acquisitions at a macro level. On the smaller scale, however, we are also seeing increased parental complaints, strategic use of data privacy legislation, and an increased need to deal with staffing issues swiftly and fairly. All of these processes require careful compliance with employment law. Never has an Independent School needed to be so au fait with the legislation, and, thanks to the Employment Rights Act passed in December 2025) never has so much change been anticipated.
We have therefore prepared the timetable below to give Independent Schools an idea of what the anticipated changes are, when they are expected to take effect, and what, if any, preparatory steps they should be taking to get ahead. With many staff on notice clauses requiring a full term’s notice, making changes under notice can be a slow process, and legislative changes could creep up on you – we want to prepare you for this. If you are thinking about a process which might not take effect for several months, then check the timeline below to see if the law is set to change mid-process, to minimise the risk that you are caught out by the changes and speak to us for advice.
1. Anticipated Date of Change: 1 April 2026
Nature of Change:
Annual increase in national living and minimum wage.
- National Living Wage (NLW) (aged 21 and over) increase to £12.71
- The 18 to 20-year-old rate increases to £10.85
- The 16 to 17-year-old rate increases to £8.00
- Apprentice rate increases to £8.00
- Accommodation offset increase to £11.10.
Steps Schools Can Take to Prepare:
- Review salaries to ensure compliance.
Legislation Reference:
2. Anticipated Date of Change: 6 April 2026
Nature of Change:
The annual increase to the maximum compensatory award for unfair dismissal and the rate of a week’s pay (used for calculating statutory redundancy payments and the unfair dismissal basic award) takes effect and will apply where the effective date of termination is on or after 6 April 2026. The maximum compensatory award increases to £123,543 and the rate of a week’s pay increases to £751. Note that the cap on the compensatory award is being removed from 1 January 2027 (see below).
Steps Schools Can Take to Prepare:
- Be aware of the effect this will have on any statutory redundancy payments payable after 6 April 2026.
Legislation Reference:
3. Anticipated Date of Change: 6 April 2026
Nature of Change:
The annual increase to injury to feelings awards for discrimination compensation takes effect and applies to claims issued on or after 6 April 2026.
4. Anticipated Date of Change: April 2026
Nature of Change:
The annual increase in the rate of Statutory Sick Pay (SSP) takes effect. SSP increases to £123.25 per week
Steps Schools Can Take to Prepare:
- Be aware of the impact this will have on anyone using SSP after this date and sickness costs.
5. Anticipated Date of Change: April 2026
Nature of Change:
The annual increases to Statutory Maternity, Adoption, Shared Parental, Paternity, Parental Bereavement, and Neonatal Care pay take effect. The rates increase to £194.32 per week.
Steps Schools Can Take to Prepare:
- Be aware of the effect this will have on anyone taking family leave after this date and anyone currently in receipt of statutory pay
6. Anticipated Date of Change: 6 April 2026
Nature of Change:
Removal of the qualifying period of employment for paternity leave and unpaid parental leave.
Steps Schools Can Take to Prepare:
- Review paternity and parental leave policies to ensure compliance.
Legislation Reference:
7. Anticipated Date of Change: 6 April 2026
Nature of Change
New day one right for a bereaved partner to take up to 52 weeks’ paternity leave if the child’s mother or adopter dies within the child’s first year of birth or adoption.
Steps Schools Can Take to Prepare:
- Update policies to highlight this new leave entitlement
Legislative Reference:
The Bereaved Partner’s Paternity Leave Regulations 2026
8. Anticipated Date of Change: 6 April 2026
Nature of Change
New obligation for employers to keep holiday records demonstrating compliance with holiday and holiday pay entitlements under the Working Time Regulations 1998. The records may be created, maintained and kept in such manner and format as the employer reasonably thinks fit and must be kept for six years. Failure to comply will constitute an offence, punishable by a fine.
Steps Schools Can Take to Prepare:
- Consider how holiday records will be created and maintained
- Update document retention policies
Legislative Reference:
9. Anticipated Date of Change: 19 June 2026
Nature of Change
New requirement for organisations to implement procedures for dealing with individuals' complaints about the handling of their personal data.
Steps Schools Can Take to Prepare:
Consider the ICO guidance and the process you will put in place for handling complaints.
Legislative Reference:
Data (Use and Access) Act 2025
10. 2026-27
Nature of Change:
Changes to Employment Tribunal Time Limits, Zero/Low-Hours/Agency Workers, Dismissal and Re-engagement (“Fire and Rehire”), Collective Redundancy Consultation, Unfair Dismissal Rights, Statutory Sick Pay, Flexible Working, Parental and Family Rights, Harassment (and sexual harassment), Equality Action Plans, Trade Unions, and Enforcing Employment Rights.
Key Changes:
- 6 April 2026: Collective Redundancies: Maximum protective award doubles to 180 days’ full pay.
- 6 April 2026: Statutory Sick Pay: SSP will be payable from the first day of absence, regardless of earnings, and low earners will receive 80% of average weekly earnings (subject to statutory weekly SSP rate).
- 6 April 2026: Trade Unions: New rules will make it easier for unions to gain statutory recognition.
- 6 April 2026: New whistleblowing protections in relation to sexual harassment introduced.
- 7 April 2026: Enforcing Employment Rights: Establishment of a new Single Enforcement Body to strengthen enforcement of workplace rights.
- October 2026: Trade Unions: New rules will protect workers from detriment for taking industrial action and there will be new rights and protections for trade union representatives. Trade unions will have increased workplace access rights and employers will have to inform workers of their right to join a trade union.
- October 2026: Harassment: Employers will have to take all reasonable steps to prevent sexual harassment and will be liable for third-party harassment (including for sexual harassment) if they have not taken all reasonable steps to prevent it.
- No earlier than October 2026: Employment Tribunal Time Limits: Extension from 3 to 6 months for bringing employment tribunal claims.
- January 2027: Dismissal and Re-engagement: It will be automatically unfair to dismiss an employee where they refuse to accept a “restricted variation” to their terms and conditions, unless the business is at risk.
- 2027: Unfair Dismissal Rights: Employees will be able to bring claims once they have six months’ service and the cap on the compensatory award will be removed.
- 2027: Parental and Family Rights: Introduction of unpaid bereavement leave and miscarry leave (before 24 weeks) and strengthened protection for pregnant women and new mothers.
- 2027: Parental and Family Rights: Introduction of unpaid bereavement leave and strengthened protection for pregnant women and new mothers.
- 2027: Equality Action Plans: Employers with 250+ employees must publish plans to address inequalities, including gender pay.
- 2027: Regulation of umbrella companies.
- 2027: Collective Redundancy Consultation: Additional and new “threshold” test introduced so redundancies across all business sites must be included.
- 2027: Zero-Hours/Low-Hours Workers: Employers must offer guaranteed hours contracts based on regular hours worked and give reasonable notice of shifts and cancellations. Rights also apply to agency workers.
Steps Schools Can Take to Prepare:
- Train managers so they are able to effect dismissals fairly.
- Begin work on auditing your workforce to identify zero or low-hour workers and agency staff and review systems for managing shifts.
- Employers will need to count planned redundancies across all sites and workplaces to see if the new threshold for collective redundancy consultation is met. Brief and train managers on the changes.
- Review probation periods as well as absence/conduct/performance management processes and policies – training to be updated.
- Review policies for bereavement leave, maternity, flexible working and redundancy to ensure compliance with the changes.
- Update harassment policies and arrange training (a must).
- Begin planning for changes in parental leave and flexible working rights.
Legislation Reference:
11. TBC
Nature of Change:
Expected changes to equality laws include:
- Mandatory ethnicity and disability pay gap reporting for employers with 250+ employees.
- Measures to address race and disability pay discrimination.
- Establishment of an Equal Pay Regulation and Enforcement Unit.
- Enabling outsourced workers to claim equal pay with “in-house”.
Legislation Reference:
Equality (Race and Disability) Bill 2025
Expected changes to non-disclosure agreements
- NDAs (including settlement agreements) which seek to prevent disclosure of certain types of sexual harassment (including allegations) will be void, unless they are contained in an “excepted agreement”. Details awaited.
Legislation Reference:
As you will see from the above, there are large amounts for those managing staffing to consider over the coming few years. Doyle Clayton are here to help you navigate this, and will circulate updated versions of this table periodically to help you prepare. We will also publish other guidance and training so keep an eye out!
For further information, contact Rose Smith, Legal Director rsmith@doyleclayton.co.uk or 0207 042 7206
Rose Smith
Rose is an employment and education lawyer. She has a track record in providing measured employment law advice, and is also part of Doyle Clayton’s renowned Education Team, providing advice to teachers, professors and schools.
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Posted by Rose Smith
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