The Employment Rights Act 2025 continues to be introduced in stages. With a number of important changes expected during October 2026, schools and academy trusts should start preparing now. While many of the changes are aimed at improving workplace protection and employee rights, they will also require schools to review policies, training, management practice and record keeping.
What changes are coming?
The next phase of reform includes changes to sexual harassment, third-party harassment and trade union rights. These sit alongside the extension of most Employment Tribunal time limits from three months to six months from 1st October 2026.
A stronger duty to prevent sexual harassment
Most schools will already be aware of the preventative duty introduced in October 2024. From 30th October 2026, the standard is expected to increase from taking reasonable steps to taking all reasonable steps to prevent sexual harassment in the workplace.
For school leaders, the message is clear. Having a policy alone is unlikely to be enough. Trusts and schools should be able to demonstrate active steps to identify risks, train staff, encourage reporting and respond appropriately when concerns are raised.
- Review harassment policies and reporting procedures.
- Ensure staff training is current, bespoke and meaningful.
- Consider risks specific to schools, such as one-to-one meetings, educational visits and school events.
- Record the preventative steps being taken.
Third-party harassment returns
One of the most significant changes for the education sector is the return of employer liability for third-party harassment.
A third party is somebody who is not employed by the school. In an education setting this may include parents, pupils, contractors, visitors, governors, agency workers, suppliers or members of the public.
From 30th October 2026, employers may be liable where a third party harasses an employee and the employer has not taken all reasonable steps to prevent it. This includes all types of harassment, not just sexual harassment.
A single incident may be enough to trigger liability. Schools therefore need to move away from the idea that inappropriate behaviour from parents or visitors is simply part of the job.
- Ensure harassment policies cover behaviour by parents, visitors and contractors.
- Make it easy for staff to report incidents.
- Respond quickly to complaints.
- Support affected employees.
- Keep records of concerns and action taken.
Changes to the trade union landscape
The Employment Rights Act also contains significant trade union reforms. Some changes have already started, including electronic balloting. Further reforms are expected from 30th October 2026.
Schools and trusts should be aware of proposed requirements to provide information to workers about their right to join a trade union. This is likely to have practical implications for recruitment, induction and onboarding processes, as well as the information given to new and existing staff. The Act also introduces greater access to workplaces for representation, recruitment, organisation and engagement purposes. For schools and multi-academy trusts, this may mean thinking carefully about how requests for access are managed across different sites, who will deal with those requests, and how leaders balance union engagement with the day-to-day running of the school.
While not every school will be heavily impacted, trusts should monitor developments carefully and ensure they are ready to update recruitment, onboarding and employment documentation where required.
Why does this matter for schools?
These changes arrive at a time when employee relations issues are becoming increasingly complex. Leaders are dealing with growing expectations around staff wellbeing, workplace culture, inclusion and professional standards.
The forthcoming reforms are designed to encourage proactive management rather than waiting for issues to develop into formal complaints, grievances, disciplinary matters or tribunal claims.
Want to understand the changes in more detail?
Episodes 4 to 6 of Legal Connect’s Employment Rights Act 2025 Implementation & Training Service specifically focus on these changes. The aim is to give headteachers, senior leaders, school business professionals, governors, trustees and HR teams a clear and manageable understanding of the reforms so they can prepare with confidence.
Each episode goes beyond a high-level summary. The training uses realistic education scenarios, explains the practical steps schools and trusts should consider, and helps leaders identify where policies, training, reporting arrangements and management practice may need to change.
Episode 6: changes to the trade union landscape, including workplace access arrangements, information about the right to join a trade union and the practical implications for education employers.
Episode 5: the introduction of employer liability for third-party harassment, including who counts as a third party in education, school-based scenarios, risk assessment and the practical steps schools and trusts should consider.
Episode 4: the strengthened duty to prevent sexual harassment, including the move from reasonable steps to all reasonable steps and what this means for school leaders in practice.
Keeping up with the Employment Rights Act 2025 can be challenging, particularly when reforms are introduced in stages. Legal Connect’s Employment Rights Act 2025 Implementation and Training Service explains the changes in plain English for schools, academies and trusts.
Learn more about our Employment Rights Act 2025 Training and Implementation Service >>
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