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 it.

1. Anticipated Date of Change: 1 August 2025

Nature of Change:

Key provisions of the Higher Education (Freedom of Speech) Act 2023 come into force.

Steps Schools Can Take to Prepare:

• Any Schools which are registered Higher Education Providers will have a duty to ensure that they do not enter into non-disclosure agreements with students, staff, members, or visiting speakers where they come forward with a complaint of sexual misconduct, abuse or harassment, or any other form of bullying or harassment. Any such non-disclosure agreements entered into from 1 August 2025 will be void.
• HEPs will also need to familiarise themselves with and comply with the OfS guidance on free speech.

Legislation Reference:

Higher Education (Freedom of Speech) Act 2023

2. Anticipated Date of Change: 1 September 2025

Nature of Change:

Failure to prevent fraud offence comes into force.

The Economic Crime and Corporate Transparency Act 2023 imposes criminal liability on a large organisation that fails to prevent fraud intended to benefit the organisation. A ‘large organisation’ is defined as meeting two or three of the following criteria:

• More than 250 employees
• More than £36 million turnover
• More than £18 million in total assets

Organisations have a defence if they have reasonable procedures in place to prevent fraud, and the Home Office has published guidance.

Steps Schools Can Take to Prepare:

• Consider if your School meets the definition of “Large”. If so, consider the Home Office guidance and put in place policies and procedures to prevent fraud.

Legislation Reference:

The Economic Crime and Corporate Transparency Act 2023

3. Anticipated Date of Change: 1 October 2025

Nature of Change:

Section 17 of the Victims and Prisoners Act 2024 comes into force.

This makes provisions in agreements void if they prevent victims of criminal conduct from disclosing information about criminal conduct to:

• Police or other bodies which investigate or prosecute crime, for investigating or prosecuting the relevant conduct
• Qualified lawyers, for seeking legal advice about the relevant conduct
• Regulated professionals (including regulated healthcare professionals), for obtaining professional support
• Victim support services, for obtaining support in relation to the relevant conduct
• Regulators, for cooperating with the regulator in relation to the relevant conduct
• A victim’s close family, for the purpose of obtaining support in relation to the relevant conduct

Steps Schools Can Take to Prepare:

• Review any settlement agreement templates, non-disclosure agreement or non-derogatory comment clauses used, to ensure they do not limit disclosures in breach of this legislation.

Legislation Reference:

Victims and Prisoners Act 2024

4. 2025 (Two months after Employment Rights Bill becomes law)

Nature of Change:

Changes to industrial action laws.

• Industrial action can take place where a simple majority of those voting vote in favour.
• No requirement for any particular level of turnout.
• Reduction in the information required to be included on the ballot paper and to be provided to employers and employees.
• Ballot mandates will last for 12 months (instead of six).
• Unions will only have to give seven days' notice of industrial action (instead of 14).

Legislation Reference:

Employment Rights Bill 2025

5. Anticipated Date of Change: 1 April 2026

Nature of Change:

Annual increase in national minimum wage anticipated.

Steps Schools Can Take to Prepare:

• Review salaries to ensure compliance.

Legislation Reference:

National Minimum Wage Act

6. 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.

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:

Employment Rights Bill 2025

7. Anticipated Date of Change: 6 April 2026

Nature of Change:

The annual increase to injury to feelings awards takes effect and applies to claims issued on or after 6 April 2026.

8. Anticipated Date of Change: April 2026

Nature of Change:

The annual increase in the rate of Statutory Sick Pay (SSP) takes effect.

Steps Schools Can Take to Prepare:

• Be aware of the impact this will have on anyone using SSP after this date.

9. 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.

Steps Schools Can Take to Prepare:

• Be aware of the effect this will have on anyone taking family leave after this date.

10. 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 once the final wording has been published to ensure compliance.

Legislation Reference:

Employment Rights Bill 2025

11. Anticipated Date of Change: Autumn 2026

Nature of Change:

Removing the qualifying period of service needed to claim unfair dismissal.

• During an initial period of employment (expected to be nine months), employers will be permitted to follow a simplified dismissal process for conduct, capability, statutory restriction, or “some other substantial reason relating to the employee”.
• A different compensation regime may apply.

Steps Schools Can Take to Prepare:

• Closer management of recruitment processes and probationary periods will be required.
• Ensure managers understand unfair dismissal laws and what they need to do to ensure dismissals are conducted fairly.
• Look out for further information on the simplified dismissal process, what it involves, and when it will apply.
• Consider additional training in the lead-up to the changes.
• Review length of probationary periods and ensure that any extension will not extend employment beyond the end of the initial period.

Legislation Reference:

Employment Rights Bill 2025

12. By End of 2026 (and Beyond)

Nature of Change:

Changes to Employment Tribunal Time Limits, Zero-Hours Contracts, Dismissal and Re-engagement, Collective Redundancy Consultation, Statutory Sick Pay, Flexible Working, Parental and Family Rights, Harassment, Equality Action Plans, Trade Unions, and Enforcing Employment Rights.

Key Changes:

• Employment Tribunal Time Limits: Extension from 3 to 6 months for bringing employment tribunal claims.
• Zero-Hours/Low-Hours Workers: Employers must offer guaranteed hours contracts based on regular hours worked, and give reasonable notice of shifts and cancellations.
• Dismissal and Re-engagement: It will be automatically unfair to dismiss an employee to change their terms and conditions, unless the business is at risk.
• Collective Redundancy Consultation: Employers will need to consult across all business sites where redundancies are proposed.
• 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.
• Flexible Working: Employers must demonstrate that it is reasonable to refuse flexible working requests.
• Parental and Family Rights: Introduction of unpaid bereavement leave and strengthened protection for pregnant women and new mothers.
• Harassment: Employers must take reasonable steps to prevent sexual harassment and will be liable for third-party harassment.
• Equality Action Plans: Employers with 250+ employees must publish plans to address inequalities, including gender pay.
• Trade Unions: New rules will make it easier for unions to gain statutory recognition and protect workers in industrial action.
• Enforcing Employment Rights: Establishment of a new Single Enforcement Body to strengthen enforcement of workplace rights.

Steps Schools Can Take to Prepare:

• Begin work on auditing your workforce to identify zero or low-hour workers 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 policies for bereavement leave, maternity, and redundancy to ensure compliance with the changes.
• Update harassment policies and arrange training.
• Begin planning for changes in parental leave and flexible working rights.

Legislation Reference:

Employment Rights Bill 2025

13. TBC

Nature of Change:

Expected provisions 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”

For further information, contact Rose Smith, Legal Director rsmith@doyleclayton.co.uk or 0207 042 7206