Welcome to the latest edition of Heads Up!
This issue brings together key updates across School Organisation and Property and Schools HR, with links below for easy navigation.
We cover developments in estate management, school expansion, and regulatory compliance, alongside updates on unfair dismissal qualifying periods from July 2026, TLR payment changes from September 2026, and a practical guide to holiday pay.
We also highlight recent EAT decisions—Clifton Diocese v Parker, Darlington v London Borough of Islington, XX v YY, and Kankanalapalli v Loesche Energy Systems Ltd—and their implications for schools and academy trusts.
Disposal of School Land and Secretary of State Consent
This briefing note was first published in September 2024 and has now been re-issued as several changes have been made, including updated guidance being issued by the Department for Education (DfE) in March 2026. This note has been prepared with feedback from the DfE’s land transactions team and the new updated guidance.
Renters Right Act 2026 and School Property
This briefing note provides an update to landlords on granting tenancy agreements to a potential tenant in a school dwelling, for example a former caretakers house and the tenancy is not linked to the tenant’s employment, since the Renters Right Act 2025 has been passed.
Construction Contracts – Key Issues and Practical Checklist
This note provides a practical overview of the key issues school clients should consider when entering into construction contracts for works to their estates (new build, refurbishment, fire safety or remedial works). While the principles are broadly consistent with other sectors, schools often face particular pressures around safeguarding, land ownership, operational continuity and funding constraints, which should inform how contracts are procured and negotiated.
Reminder of the changes to qualifying period for unfair dismissal claims applicable to staff employed from 1 July 2026.
Whilst we have covered this previously, it is certainly worth mentioning again that the qualifying period for unfair dismissal claims will be reduced to 6 months under the Employment Rights Act 2025 (“ERA 2025”). The change will apply from 1 January 2027.
Case Update: Clifton Diocese v Parker [2026] EAT 68
The recent case of Clifton Diocese v Parker [2026] EAT 68 considers the correct approach to the burden of proof in claims of direct religion or belief discrimination and harassment under the Equality Act 2010 (“the EqA”).
Case Update: Darlington v London Borough of Islington [2026] EAT 11
The case of Darlington v London Borough of Islington [2026] EAT 11 has established that widely drafted waivers in a COT3 can effectively settle future claims even where someone is complaining about detriments occurring after the COT3 has been entered into.
Case Update: XX v YY [2026] EAT 89
The case of XX v YY [2026] EAT 89 considers whether the employer acted lawfully by summarily dismissing an employee who had committed misconduct under pressure or “duress” from a third party and whether in all the circumstances the employee was entitled to notice.
Case Update: Kankanalapalli v Loesche Energy Systems Ltd [2026] EAT 49
The case of Kankanalapalli v Loesche Energy Systems Ltd [2026] EAT 49 considers when a conditional job offer may constitute a legally binding contract.
Changes to Teaching and Learning Responsibility Payments from 1 September 2026
The September 2025 iteration of the School Teachers’ Pay and Conditions Document (STPCD) introduced some changes in the area of Teaching and Learning Responsibility Payments, or TLRs as they are more commonly known. The changes introduced in respect of TLRs were optional for the 2024/2025 academic year, however from 1 September 2026 the changes are mandatory for all schools and MATs who adopt the STPCD.
Holiday Pay in Schools and Academy Trusts: A Practical Guide for School and MATS
Our Schools HR team has seen a marked increase in queries relating to holiday entitlement and pay in recent months. This is particularly in light of the Employment Rights Act 2025 (“ERA 2025”) introducing, from 6 April 2026, a new legal requirement for employers to keep detailed records of statutory holiday entitlement, leave taken and holiday pay for a period of six years. We are also aware that the Fair Work Agency / HMRC has begun auditing schools to assess compliance with these obligations.