Following our Employment Rights Bill – What Schools Need to Know briefing in October 2024, further details have emerged about the government’s plans, as the Bill makes its way through the various different stages of debate before becoming law.
An Amendment Paper to the Bill issued on 27 November 2024 has provided further details/proposed amendments, to be debated at Committee stage. Our Schools HR team has considered the following details to be of most significance to Schools and MATs:
- Employment tribunal time limits to be extended from 3 months to 6 months. This is a significant change and, coupled with the “day one” rights that were originally announced, will likely increase the number of claims. It is unclear how the government proposes to deal with this having regard to an already overburdened employment tribunal system. Schools and MATs should think about their insurance positions and budget for a potential increase to premiums / RPA costs in response to what will likely result in an increase in claims.
- Changing the definition of ‘initial period of employment’ (the probationary period, during which it will be easier to terminate employment once unfair dismissal becomes a day one right) to be between 3 and 9 months. Schools and MATs should think about implementing or updating probation policies and probation periods in contracts of employments, and ensuring that these are fit for purpose and comply with any applicable statutory guidance / good practice recommendations (for example, from Acas) that may be issued closer to the time.
- Adding menstrual problems and menstrual disorders to the definition of “matters related to gender equality” which, under separate regulations, employers may be required to produce equality action plans on. Schools and MATs should think about how to address this having regard to their general public sector equality duty. This could also have wider implications beyond the workforce, on pupils for example.
- A proposal that any non-disclosure clauses which would prevent disclosure of any form of harassment, including but not limited to sexual harassment, to be void. Schools and MATs should think about their template settlement agreement and COT3 documents and updating those when the time comes.
As before, these are mere proposals at this stage. The Bill is at its early stages and many of these proposals will need debating. Some may not make it through to becoming law. Nevertheless, it is important for Schools and MATs to monitor the progress of the Bill, and prepare accordingly.
We will continue to keep our school clients updated as to the progress of the Bill.
If you have any questions about the Employment Rights Bill and what this means for your school or MAT, or you require any advice or assistance with a schools HR or employment law matter, please contact Aida Smajlovic, Partner and Head of Schools HR, on 020 7593 0278 or asmajlovic@wslaw.co.uk or our dedicated Schools HR helpdesk on 0345 026 8690 or schoolshr@wslaw.co.uk.