Zero hours contracts reform under Employment Rights Act 2025 - consultation launched

The Government has now launched a consultation on how it will implement the zero‑hours contract reforms contained in the Employment Rights Act 2025.

While the legislation is already in place, the detail that will affect schools in practice is still being developed through this consultation, which closes on 25th August 2026.

The reforms are expected to come into force during 2027, meaning this is a key period for schools and academy trusts to prepare.

Why this matters for the education sector

The Government’s objective is to tackle what it describes as “one‑sided flexibility”, arising from situations where schools benefit from flexible staffing arrangements but the individual bears the risk of unpredictable hours and income.

Importantly:

• Zero‑hours contracts are not being banned
• Schools will still be able to respond to:
  • fluctuating pupil need
  • seasonal pressures
  • short-term absence cover

However, the direction of travel is clear: Greater predictability and security for workers whose working patterns are, in reality, regular

This is particularly relevant in education, where many roles sit in the “grey area” between casual and regular work, such as:

• exam invigilators
• casual teaching assistants
• supply support staff engaged directly
• wraparound care / club staff
• peripatetic tutors

The 3 key new rights

The consultation focuses on how three new statutory rights will operate in practice.

1. Right to guaranteed hours;

Qualifying workers will have a right to be offered a contract that reflects the hours they actually work over a reference period. What this means:

• • • zero-hours workers
    • low-hours workers below a defined threshold
    • some agency workers
  • Where a worker:
    • regularly works more hours than their contract states,
    • and does so over a defined period, the school may be required to offer a contract guaranteeing those hours

Key details still being consulted on

• The “low-hours” threshold (Government preference: around 8–20 hours per week)
• The length of the reference period (indications suggest around 12 weeks initially)
• How often offers must be made

Practical impact for schools

This is likely to affect scenarios such as:

• a “casual” TA working 20+ hours weekly for a term
• exam invigilators repeatedly used beyond exam periods
• breakfast club staff working consistent weekly patterns

These individuals may need to be moved onto contracts with guaranteed hours

2. Right to reasonable notice of shifts

Workers will be entitled to reasonable notice of shifts and any changes. What this means:

Schools will need to avoid:

• very short-notice shift offers
• last-minute rota changes

The consultation will determine what “reasonable” means, but it is likely to be:

• context-specific (e.g. safeguarding cover vs routine roles)
• potentially set out in minimum timeframes

Practical impact for schools

This is particularly relevant where schools rely on:

• same-day or next-day cover arrangements
• informal calls to casual pools
• flexible club staffing based on pupil numbers

Schools may need:

• clearer rota planning processes
• more forward workforce planning
• defined notice expectations in policies

3. Right to payment for short-notice changes

Workers will have a right to compensation if shifts are cancelled, moved or reduced at short notice.

Importantly, as your note highlights:

• This will not apply where:
  • the worker initiates the change
  • shifts are swapped between staff
  • the worker fails to attend

Practical impact for schools

Financial risk may arise where:

• a school cancels a shift due to:
  • lower pupil attendance
  • internal cover becoming available
• hours are reduced at short notice

Schools will need to factor in:

• potential cancellation costs
• tighter control over when shifts are offered

Key risks and considerations for schools and trusts

1. “Casual in name only” arrangements

One of the biggest risks will be where:

• contracts describe work as casual or zero-hours
• but the actual working pattern is regular

These arrangements are most likely to trigger guaranteed hours obligations

2. Workforce planning and budgeting

The reforms may:

• reduce flexibility in staffing models
• introduce additional cost exposure (e.g. cancellation payments)
• require more structured rostering

3. Agency vs direct engagement

Agency workers are also in scope of the reforms.

Trusts will need to:

• clarify responsibilities with agencies
• review commissioning models for supply staff

4. Equality and fairness risks

As with other ERA 2025 reforms, there is a potential for:

• inconsistent application across staff groups
• indirect discrimination risks if flexibility is reduced

What schools should be doing now

Although the detail is not finalised, there are clear preparatory steps:

1. Audit current arrangements

Identify:

• zero-hours staff
• low-hours contracts
• staff working regular additional hours

2. Map working patterns

Look at:

• who works consistent hours over 12+ weeks
• where “temporary” arrangements have become embedded

3. Review rota practices

Consider:

• how far ahead shifts are issued
• how often they change
• where late cancellations occur

4. Plan for cost and structure changes

• Build potential cancellation costs into forecasts
• Consider where fixed-hours contracts may be more appropriate

5. Engage with the consultation

This is a genuine opportunity to influence:

• notice periods
• thresholds
• practical carve-outs for sectors like education

Particularly important issues for schools include:

• emergency cover
• safeguarding requirements
• term-time variability

Summary

The key message for schools is not that flexibility is ending, but that it must now be balanced with predictability.

• Where working patterns are genuinely irregular, flexibility will remain.
  
  
• Where patterns are regular, the law is moving toward formalising those arrangements.