Welcome!
The new Labour government clearly mean business when it comes to schools. In these first few months, we have seen the introduction of VAT and the removal of charity relief from business rates for independent schools. The Children’s Wellbeing and Schools Bill, introduced to Parliament in December, promises to be a significant and wide-ranging piece of legislation, which will have a regulatory impact on a number of areas, both in the state funded sector and for private schools. The new Employment Rights Act bill will also be of concern, given its again likely to introduce additional regulation for all schools, both as employers or as governing boards having delegated responsibility for staff. The bill will remove some operational flexibility and increase costs. We will be exploring each of these important initiatives in this Heads Up! and will be monitoring their progress through Parliament with updates being published to our live website trackers.
We also have updates on a range of other HR matters particularly focussing on maternity, property matters including managing third party occupation of school sites and regulatory issues including making “significant changes” to an academy and further advice regarding SEND.
Look out also for our upcoming events and links to our recordings of past events by clicking here.
Our teams welcome a conversation about any of these matters and hope you enjoy reading this edition of Heads Up!
Contact us:
- School Support helpdesk: 0345 070 7437 or email schoolsupport@wslaw.co.uk.
- Schools HR helpdesk: 0345 026 8690 or email SchoolsHR@wslaw.co.uk.
- SEND Support: email sendsupport@wslaw.co.uk.
Children’s Wellbeing and Schools Bill
The Children’s Wellbeing and Schools Bill introduces measures that affect all types of schools; maintained, academy and independent providers (otherwise now referred to as “independent educational institution”) including nurseries and child minders.
Agency Workers in Schools
Agency workers play a vital role in the UK workforce, providing flexibility for both employers and workers.
In the education sector, the use of agency workers is commonplace, with supply teachers, teaching assistants, exam invigilators and facilities staff engaged via agencies all playing a crucial role in providing short term resourcing or addressing staff shortages in the sector.
Supporting Employees Undergoing IVF Treatment: Legal and Practical Considerations for Schools
Fertility challenges are a sensitive and very personal issue faced by many individuals and can have long lasting effects on their physical and emotional wellbeing. The use of assisted conception such as in vitro fertilisation (IVF) is increasing in the UK. The process of IVF treatment can be emotionally, physically and financially taxing often requiring time for medical appointments and recovery. This article explores steps schools can take to support colleagues.
New Neonatal Care Leave and Pay Entitlements Expand Parental Rights: What schools need to know
On 20 January 2025, the government confirmed that the new entitlements to neonatal care leave and pay will take effect from 6 April 2025 and are expected to benefit around 60,000 new parents.
Many working families in the UK are currently having to return to work while their newborn babies are unwell in hospital. These measures aim to support parents by enabling them to stay with their child rather than having to exhaust their annual leave, return to work whilst their baby is still unwell, or otherwise suffer financially by taking unpaid leave.
The new entitlements passed under the Neonatal Care (Leave and Pay) Act 2023 (‘the Act’) will provide parents with a day one right to take neonatal care leave (‘NCL’).
Employment Rights Bill Update for Schools – Miscarriage and Bereavement Leave
The Women and Equalities Committee’s report, ‘Equality at work: Miscarriage and bereavement leave’, published on 15 January 2025, addresses critical gaps in employment law relating to pregnancy loss before 24 weeks.
It is estimated that more than one in five pregnancies end before 24 weeks and yet there is no statutory acknowledgement of the grief and impact on the working lives of those who experience this loss. Experiences of pregnancy loss are wide-ranging but can have a severe physical and emotional impact. The report provides an important opportunity for employers to reflect on how workplace policies can better cater employee’s well-being during times of loss, even where the statutory regime does not.
Significant Change Applications for Schools
The theme of our Spring 2025 Heads Up! is the increasing regulation of all types of schools, partly in consequence of the new Schools bill. This contrasts with the Government’s apparent mission to cut red tape for businesses to drive growth!
Read our article on the process for making a significant change application. We can help you determine whether an application is necessary, navigate the process and deal with any challenges. If you are an independent school provider, we can also advise on material change applications, the approach to which is increasingly following that for state funded schools.
For further advice or assistance, please contact Andrea Squires, Partner, Head of Education (asquires@wslaw.co.uk) or one of specialist school property lawyers (details in the Article).
Click here for our full Article.
Granting Assured Shorthold Tenancy Agreements (ASTs) of School Property
As schools increasingly look to their sites to generate additional income, we have prepared a briefing of the common pitfalls and requirements of granting an occupational interest in a school dwelling.
For further advice or assistance, please contact Andrea Squires, Partner, Head of Education (asquires@wslaw.co.uk) or one of specialist school property lawyers (details in the Article).
Click here for our full Article.
Legal Professional Privilege: Overview and Practical Considerations for schools
There are many occasions when a matter becomes contentious that you will want to consider whether a communication is privileged and therefore exempt from disclosure.
SEND Q & A Series
We are delighted to launch our SEND Q&A series, led by Qaisar Sheikh, a legal director in the team. Qaisar joined us in September 2024 having worked at Coram Children’s Legal Centre for over 13 years advising on various issues including parents who wanted to challenge Local Authority decisions linked to EHCPs and discrimination claims.