NASUWT’s guide to new rights for teachers in Great Britian under the Employment Rights Act 2025

New rights for teachers and school staff
What are your new rights?
Further changes proposed in 2026
Further changes from 2027
What should Workplace Representatives do?
 

New rights for teachers and school staff

The Employment Rights Act 2025 (ERA) is the biggest improvement to employment rights in a generation.

Many of the changes are already in force, with more being introduced over the course of the next few years.

Many teachers already have contractual rights that are better than the legal minimum, but the Act strengthens the rights available to all workers and provides additional legal protection where contractual rights do not exist or where employers fail to meet their obligations.

As your union, NASUWT will continue to support members in understanding and enforcing these new rights.

What are your new rights?

Day one statutory sick pay

From 6 April 2026, statutory sick pay (SSP) will be payable from the first full day of sickness absence for eligible employees rather than after three days, commonly referred to as ‘waiting days’.

Other key changes:

• SSP will be available to all eligible employees regardless of their earnings - the lower earnings limit has been removed; and

• the rate of SSP for all employees, including supply teachers who are eligible, will be calculated at 80% of their average weekly earnings or the flat weekly rate of £123.25, whichever is lower.

These changes will benefit those with short-term sickness who will receive financial support immediately, as well as benefit the very low paid who could have access to SSP from the first day of absence.

Teachers in maintained schools generally receive contractual occupational sick pay which is more generous than statutory sick pay.

However, this change improves protection for supply teachers subject to eligibility and rules on notification set out by their employment agency.

In force now

Annual leave and holiday pay

From April 2026, important changes have been introduced regarding annual leave and holiday pay.

Under the Employment Rights Act 2025, specifically Regulation 3 (8), section 35 of the ERA came into force requiring all employers to keep records relating to annual leave.

The advice from Acas suggests that employers must retain records of:

• holiday taken;

• holiday carried over from previous years;

• holiday pay, including what’s included, e.g. bonuses or commission; and

• any payments in lieu of holiday, e.g. pay for unused holiday when someone leaves a job.

NASUWT maintains that employers should be keeping evidence of:

• holiday entitlement for each worker, including how it is calculated for those on different contracts;

• holiday taken, including dates and amount of leave actually used each year;

• holiday carried over from previous years, including any unused leave rolled over, e.g. due to sickness or maternity;

• holiday pay calculations, including how much was paid for each period of leave, which elements were included or excluded, e.g. bonuses or commission;

• accrual or rolled-up payments for irregular hours workers, such as supply teachers, including showing the 12.07% addition or separate pot retained for when any leave is taken;

• any payments in lieu of holiday, such as pay for unused holiday or any leave carried over;

• opportunity to take leave, including evidence that workers were able to book and take their statutory holiday, e.g. school closure periods.

The records must be retained for at least six years from the date they were made and employers can choose any ‘manner and format’ they reasonably consider suitable provided the records are sufficient to prove compliance for every eligible worker, including those on irregular contracts, such as supply teachers.

This will be enforced by the Fair Work Agency. If an employer cannot prove they have kept appropriately detailed records, it could be a criminal offence or an employer could face other enforcement action, such as unlimited fines or demands for underpayments of holiday pay.

In force now

Day one paternity leave

Eligible employees now have the right to statutory paternity leave from their first day of employment, where previously employees were only eligible for paternity leave if they had at least 26 weeks’ continuous service with their employer.

In addition, the restriction on taking paternity leave after shared parental leave has been removed, meaning parents can now take paternity leave before or after shared parental leave.

In force now

Day one unpaid parental leave

Parents can now access unpaid parental leave from the first day of employment rather than waiting until they have worked for their employer for one year to be eligible.

This provides greater flexibility for parents, including around when partners can take their leave, as well as preventing parents from losing essential leave entitlements based on the length of service with an employer.

In force now

Fair Work Agency

The new Fair Work Agency (FWA) will bring together existing state enforcement functions and take on enforcement of a wider range of employment rights, including the statutory sick pay and holiday pay.

The FWA will be able to issue a notice of underpayment that requires employers to pay workers what they are owed, as well as being able to bring employment tribunal proceedings on behalf of a worker and provide legal assistance.

Bereavement leave

New day one rights have been introduced for bereaved partners following the death of a child’s mother or primary adopter. It will give eligible fathers and partners up to 52 weeks’ unpaid leave.

This also applies to intended parents having a baby through surrogacy.

In force now

Better protection from sexual harassment

Workers who report sexual harassment are now protected under whistleblowing legislation.

This means that if someone ‘blows the whistle’ on sexual harassment they can benefit from whistleblowing protections against detriment (adverse treatment) and unfair dismissal.

This will provide welcome clarity for workers and employers and may encourage more to speak up about sexual harassment in the public interest by using whistleblowing routes.

From October 2026, additional protections regarding sexual harassment requiring employers to take all reasonable steps to prevent sexual harassment, including that by third parties, e.g. students, parents, visitors and contractors, and agency workers, such as supply teachers.

From 2027, any confidentiality clause imposed by an employer will be void if it attempts to prevent a worker from blowing the whistle on sexual harassment.

This is particularly important in schools where teachers increasingly report abuse from parents and members of the public.

Doubling protective award for collective redundancy

The maximum ‘protective award’ has been doubled to 180 days pay per affected employee in circumstances where an employer fails to properly consult with recognised unions or elected employee representatives in redundancy situations.

The 25% uplift will also apply to the increased award for unreasonable failure to comply, meaning that there will be significant costs for employers if they fail to consult both in redundancy and fire and rehire situations.

In force now

Stronger trade union rights

The Act restores and strengthens a number of trade union rights.

Changes include:

• simplified ballot rules;

• reduced notice period for industrial action;

• longer industrial action mandates;

• easier statutory union recognition;

• stronger protection against dismissal for lawful industrial action; and

• the removal of the requirement for the publication of public sector facility time data.

Statutory recognition

When applying for recognition to the Central Arbitration Committee (CAC), unions will no longer have to show that a majority of the bargaining unit, e.g. teachers in a school, is likely to support recognition.

The requirement that ten per cent of the bargaining unit are members remains in place, although the government has committed to consult on lowering this later in 2026.

A simple majority voting in support will secure recognition. The requirement that 40% of workers in the bargaining unit must vote in favour to achieve recognition will be abolished.

Finally, an employer will not be able to stop the statutory recognition process once an application is received from an independent trade union by recognising a non-independent union.

Simplified ballot rules for industrial action

After February 2026, the requirement for trade unions in important public services, e.g. education, to achieve a threshold of 40% in support of strike action ballots for industrial action has been removed.

In addition, the law reverts to a simpler requirement that asks members which type of industrial action they want to take - strike action or action short of strike action, thereby replacing the more onerous requirements under the previous legislation.

Longer industrial action mandates

Mandates for industrial action have been increased from six to 12 months, meaning that it will be more difficult for unscrupulous employers to wait out any potential industrial action.

In addition, the notice period that trade unions are required to inform employers of industrial action has been reduced from 14 to ten days.

Furthermore, trade unions will no longer be required to appoint a picket supervisor to monitor a picket line.

Stronger protection against dismissal for lawful industrial action

Dismissal for taking part in industrial action is now ‘automatically unfair’ and the 12-week limit for claiming unfair dismissal has been removed.

Public sector publication of facility time data

Public sector employers, such as schools and colleges, are no longer required to publish information on the amount of facility time that is taken by NASUWT Representatives.

This is welcomed as often employers have put in place onerous and bureaucratic systems for monitoring the time NASUWT Representatives take representing members.

Other trade union rights will come into effect during the course of this parliament.

In force now

Further changes proposed in 2026

Trade union ballots

The government will be looking to introduce changes in the way trade unions undertake ballots, including the ability to undertake electronic ballots for union elections and industrial action.

Following the implementation, the government has committed to looking at the 50% minimum turnout for ballots for industrial action.

Other changes from October 2026 include:

• Two-tier code in public procurement.

• Duty to inform workers of right to join a union.

• Strengthened union access rights.

• New rights and protections for union representatives.

• Extended protection from detriment for taking industrial action.

• Employment tribunal time limit changes also scheduled.

Employment tribunal time limit changes

The current time limits mean that claims to an employment tribunal must be lodged within three months. From October 2026, this will be extended to six months.

Increased protection against detriment for industrial action

From October 2026, those taking part in industrial action will not only be protected from unfair dismissal, but also from suffering a detriment and being treated less favourably by an employer.

Public sector outsourcing ‘two-tier code’

The ‘two-tier code’ is designed to ensure that employees on outsourced public sector contracts are treated no less favourably than those public sector staff who have been transferred to the same company.

Duty to inform workers of their right to join a trade union

All employers will have a duty to inform workers of their right to join a trade union. This will apply to new and existing employees.

Further changes from 2027

Unfair dismissal

From January 2027, employees will have protection from unfair dismissal after they have been employed for six months. Currently, employees have to be employed for two years before they can claim unfair dismissal.

Employees with six months’ service will have the right to request written reasons for dismissal.

In addition, the limit on the compensatory award for unfair dismissal will be removed.

Dismissal and rehire (fire and rehire)

Dismissing someone then rehiring them on worse terms and conditions will automatically become an unfair dismissal in most cases.

In addition, there will be a new right not to be replaced by a person who is not an employee, e.g. an agency worker, meaning that it would automatically be unfair to dismiss an employee if the principal reason is to replace them with a person who is not an employee in most cases.

Increased pregnancy and maternity rights

There will be enhanced protections against dismissal for pregnant workers and those returning from maternity leave.

Bereavement leave

There will be a new right to unpaid statutory bereavement leave, including for pregnancy loss before 24 weeks.

Zero-hours and low-hours contracts

Workers on zero-hours and low-hours contracts will get the right to request guaranteed working hours and this will be coupled with additional rights around compensation for cancelled shifts and the right to reasonable notice of shifts.

The government has committed to including agency workers, such as supply teachers, in the consultations associated with this and NASUWT will continue to make the case for a better deal for supply teachers.

Flexible working

Teachers already have the right to request flexible working from the first day of employment. Employers must consider requests reasonably and can refuse them only for one or more of the statutory business reasons.

The government has committed to strengthening flexible working further through the implementation of the Employment Rights Act 2025.

NASUWT continues to campaign for genuinely flexible working arrangements that support teacher wellbeing, recruitment and retention.

NASUWT will carry on campaigning on your behalf for genuinely flexible working arrangements that support teacher wellbeing and retention.

Mandatory equality action plans

The Employment Rights Act 2025 will introduce mandatory equality action plans requiring employers with 250 or more employees to develop and publish a plan showing the steps they are taking with regard to prescribed matters related to gender equality.

Prescribed matters relating to gender equality are:

• addressing the gender pay gap;

• supporting employees going through the menopause.

Collective redundancy

From 2027, employers will need to consider the total number of redundancies across their whole organisation, not just individual workplaces. Currently, collective redundancy rules only apply to individual workplaces.

Regulation of umbrella companies

The Employment Rights Act 2025 will amend the definition of agencies to include ‘umbrella companies’.

This will address the campaigning work that NASUWT has undertaken to ensure that there is better protection of supply teachers who are often forced to work or be paid through an umbrella company.

It is important to note that how these changes will be implemented is still subject to consultation.

What should Workplace Representatives do?

Workplace Representatives can help members by:

• making colleagues aware of their new rights;

• checking that school policies have been updated;

• raising concerns where employers have not implemented the new law;

• supporting members to access their statutory rights;

• contacting NASUWT for advice where problems arise.

The Employment Rights Act 2025 provides Workplace Representatives with new opportunities to:

• protect members;

• improve workplace policies; and

• strengthen collective representation in schools and colleges.

By understanding the changes and ensuring they are implemented locally, Reps can help ensure every member benefits from these important reforms.

NASUWT continues to represent members and advocate for change through its consultation responses. These can all be found on our Consultation Responses page.

 

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