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Education employment law: Top takeaways 2024/2025

As the UK’s employment law landscape evolves, educational institutions - ranging from primary schools to universities - must stay on top of new regulations to ensure they remain compliant. Below are some of the most important upcoming changes to education employment law that will impact the education sector in 2024 and beyond.

3 minutes

by Rich Newsome

Thought Leadership Expert

Posted 11/12/2024

1. National living wage increase

In April 2024, the National Living Wage will rise to £11.44 per hour, marking a substantial increase. This is especially important for educational institutions that employ support staff, such as cleaners, teaching assistants, and administrators, who may be affected by this change.

Schools and universities will need to adjust their budgets to accommodate this increase, which may be particularly challenging for smaller or underfunded institutions. This is one of the critical aspects of education employment law that requires attention to wage compliance

To help manage your budgets accurately, check out our Financial Management solution. 

2. Flexible working from day one

From April 2024, employees in the education sector will have the right to request flexible working from the moment they start their employment, rather than after six months as previously required. 

The Department for Education (DfE) has committed to enhancing flexible working options for teachers to improve retention. This includes initiatives like job-sharing services and new qualifications to help teachers progress without the traditional full-time leadership roles.

This change is expected to have a significant impact on staff scheduling, particularly for teaching staff who may wish to request flexible working arrangements to accommodate family responsibilities or other personal needs.

Educational institutions will need to create robust policies and procedures to handle these requests fairly, balancing staff needs with operational requirements under education employment law.

To find out more, read the DfE’s guidance on flexible working in schools.

3. Carer’s leave

The introduction of statutory carer's leave in April 2024 gives employees a new right to take up to five days of unpaid leave to care for a dependent. Given the number of employees in the education sector who may have caregiving responsibilities, this is a crucial development. 

Schools and universities must update their leave policies and ensure that staff are aware of their entitlements and how to request this leave. This change is another important update within education employment law that aims to support working carers

You may be interested in our People Management solution, which provides self-service tools for employees to access payslips, request leave, and update details.

4. Redundancy protections for parents and carers

A key change in 2024 is the extension of redundancy protection for employees who are pregnant, on maternity, adoption, or shared parental leave. These employees will have priority for redeployment if their roles are at risk.

This protection will now extend to those returning from parental leave up to 18 months after childbirth or adoption. Educational institutions must factor these protections into any restructuring or redundancy planning to comply with education employment law.

5. Holiday pay reforms for irregular hour and part-year workers

From April 2024, the rules for calculating holiday pay for workers with irregular hours or part-year contracts, such as part-time lecturers or temporary staff, will change. These workers will now accrue holiday entitlement based on hours worked, rather than a fixed amount.

This change will require schools, colleges, and universities to adjust how they calculate and pay holiday entitlements for staff on non-standard contracts.

6. Sexual harassment protections and employer responsibilities

The Worker Protection Act, set to come into effect in October 2024, will require educational employers to take proactive steps to prevent sexual harassment in the workplace.

This includes providing training, implementing clear reporting mechanisms, and creating a safer working environment for staff and students. Educational institutions will need to enhance their policies to ensure they meet the new legal obligations.

Conclusion

The education sector faces a number of significant changes to education employment law in 2024. From wage increases and flexible working rights to enhanced redundancy protections and new leave entitlements, these updates aim to improve the working conditions for staff across all levels. Educational institutions will need to proactively adjust their policies and procedures to ensure compliance and maintain a fair and supportive work environment for their employees.

If you need any support in navigating these challenges, explore the Access Education suite where you’ll find a range of operational tools to simplify your office operations. 

By Rich Newsome

Thought Leadership Expert

Meet Rich Newsome, a thought leadership expert with a passion for education that stems from his background as a teacher. Committed to shedding light on the most significant issues in education, Rich goes above and beyond to provide schools with the guidance and support they need without the burden of extensive research.

Drawing from his firsthand experience, he brings the voices of the education sector to life, allowing those within schools to share their experiences, exchange ideas, and explore best practices.

As our in-house Content Manager, Rich is dedicated to creating a platform where the collective wisdom of educators can flourish, fostering a community that thrives on shared knowledge and innovation in the ever-evolving landscape of education.