Employment Law Updates: What Education Leaders Should Act on

The changes to employment law are no longer on the horizon. They're here.

April's employment law reforms are now live, and for schools, academies and trusts, the operational impact is immediate. Payroll must reflect the new rates. Absence and family leave processes need updating. Reporting routes should be clear.

This edition sets out the practical impact of each change and the questions every school and trust should be asking this month.

The Live Picture... And a Busy One

April 2026 marks the start of several reforms:

⚠️ 18 Feb 2026 – Trade union reforms begin: repeal of most of the 2016 Act, simpler industrial action rules, changes to notices.

⚠️1 Apr 2026 – National Minimum Wage and National Living Wage uplifts take effect.

⚠️5 Apr 2026 – New Statutory Maternity Pay rate for lower-rate weeks.

⚠️6 Apr 2026 – SSP reform; day-one notice rights for Paternity and Unpaid Parental Leave; Bereaved Partner's Paternity Leave; whistleblowing protection for sexual harassment disclosures; protective award increases to 180 days; simpler union recognition.
 
⚠️7 Apr 2026 – Fair Work Agency launches (phased implementation).

⏱️ Aug 2026 – Electronic and workplace balloting for statutory trade union ballots.

⏱️Oct 2026 – Duty to inform workers of union rights; stronger union access; sexual harassment duty strengthened to 'all reasonable steps'; third-party harassment provisions.

⏱️Jan 2027 – Ordinary unfair dismissal qualifying period reduces to six months; compensatory award cap removed.

⏱️2027 – Guaranteed-hours package; mandatory action plans; fire-and-rehire protections; further roadmap items.

What's Already Changed

National Minimum Wage: From 1 April 2026

The following rates now apply:

• £12.71 per hour — age 21 and over
• £10.85 per hour — age 18 to 20
• £8.00 per hour — under 18s
• £8.00 per hour — apprentices aged under 19, or aged 19 and over in the first year of their apprenticeship only

⚠️ Important: the apprentice rate applies only where both qualifying conditions are met: age and year of apprenticeship. Apprentices aged 19 or over who have completed their first year are entitled to the rate for their age group. 

✅ Action: Review support staff, casual, bank, catering, lettings, wraparound and apprentice roles before finalising April payroll.

Key Changes for Schools and Trusts from 6 April 2026

Statutory Sick Pay (SSP)
SSP eligibility is no longer tied to the Lower Earnings Limit, and waiting days have been abolished. SSP is now payable from the first full day of sickness, at £123.25 per week or 80% of average weekly earnings — whichever is lower.

✅ Action: Confirm payroll settings, update absence documentation, check any interaction with occupational sick pay, and brief managers on the new position.

Day-One Paternity Leave and Unpaid Parental Leave
Employees can now give notice to take Paternity Leave or Unpaid Parental Leave from day one of employment. The service rules for Statutory Paternity Pay remain unchanged. Paternity Leave and Pay can also now be taken after Shared Parental Leave and Pay has been used.

Transitional point: For some babies due before 25 July 2026, newly eligible employees do not need to meet the usual 15-week paternity notice rule.

Bereaved Partner's Paternity Leave
A new statutory day-one right allows eligible employees to take up to 52 weeks' unpaid leave where the mother, main adopter, or main intended parent passes away within the first year of the child's life or adoption placement. Any enhanced pay is contractual or discretionary. Schools should decide their approach and handle notice and evidence sensitively.

Sexual Harassment, Whistleblowing and Collective Redundancy

Whistleblowing: Sexual Harassment Disclosures
Since October 2024, employers have had a duty to take reasonable steps to prevent sexual harassment. From 6 April 2026, concerns about sexual harassment may also be raised through whistleblowing routes and protected in law, provided the usual legal tests – including the public-interest test – are met.

✅ Action: Refresh reporting routes, review whistleblowing policy wording, and ensure manager handling of sensitive concerns is fit for purpose.

Collective Redundancy: Protective Award
The maximum protective award for breaching collective consultation obligations has doubled from 90 to 180 days' pay. The wider organisation-wide threshold reform is not yet in force, so schools should continue to follow existing collective consultation rules. What has changed is the financial consequence of getting it wrong.

To reduce risk:

• Identify the correct legal employer before any restructure begins.

   

• Start consultation early with trade unions or employee representatives.

   

• Maintain central oversight of paperwork throughout.

   

• Seek specialist advice wherever there is doubt about whether the threshold has been triggered.

Fair Work Agency
The Fair Work Agency launched on 7 April 2026 as a new executive agency of the Department for Business and Trade, consolidating key enforcement functions including National Minimum Wage compliance, agency worker protections and labour exploitation enforcement. Its powers include the ability to investigate workplaces, require records, issue underpayment notices and take enforcement action on workers' behalf.

Implementation is phased: Holiday pay and SSP enforcement will be added later. For now, keep pay, worker status and record-keeping in good order. 

What This Means in Practice for Schools and Trusts

Consistency Is the Challenge
The main implementation risk is inconsistency: payroll updates but template letters lag; policies change, but managers reach for old ones; new rights exist, but contractual terms go unchecked.

That matters because statutory change sets the floor, not always the full entitlement. Schools and trusts should verify that occupational sick pay, contractual family pay, inherited terms and local procedures are aligned, and that payroll settings, policies, forms and manager guidance all reflect the same position.

Current statutory payment rates for 2026/27:
Statutory Sick Pay: £123.25 per week (or less for some lower-paid staff)

Statutory Maternity Pay and Statutory Adoption Pay: 90% of earnings for the first six weeks, then £194.32 per week or 90% of average weekly earnings if lower

Statutory Paternity Pay, Shared Parental Pay, Statutory Parental Bereavement Pay and Statutory Neonatal Care Pay: £194.32 per week or 90% of average weekly earnings if lower

What This Means in Practice for Schools and Trusts Know Your Employer Context 

Maintained Schools vs Academy Trusts
Employment law changes may be national, but employer context still matters. The legal employer is not the same in every setting, and it affects who leads consultation, union engagement, policy decisions, dismissals and formal notices.

Know Your Employer Context: 

Still Incoming...

Later in 2026 and into 2027

Remember, some of the most significant reforms are not yet part of the live April picture.

August 2026 – Electronic and workplace balloting for statutory trade union ballots.

October 2026 – Duty to inform workers of their right to join a trade union; stronger union access rights; sexual harassment duty strengthened from 'reasonable steps' to 'all reasonable steps', with new third-party harassment provisions covering parents, contractors and other external parties.

January 2027 – Ordinary unfair dismissal qualifying period reduces from two years to six months; compensatory award cap removed. Use 2026 to strengthen probation clauses, review points, induction evidence and decision-making records.

Watchlist items (not yet in force): guaranteed-hours reforms, reasonable notice of shifts and domestic abuse 'safe leave' are on a later timetable. Keep a watching brief, but do not present them as current law.

What Your School  Leadership Team Should Be Asking This Month

1. Are we confident our payroll is applying the April rules correctly?
This means more than checking headline salary scales – it includes lower-paid and variable-hours roles, apprentice qualifying conditions, SSP settings and current statutory family pay rates.

2. Have we updated processes, not just policies? 
If forms, letters and manager guidance still reflect old rules on SSP, paternity notice or bereavement leave, your school can fall out of step even where the policy document itself has been amended.

3. Are our reporting and consultation routes clear enough?
Sexual harassment disclosures may now engage whistleblowing protection, and collective redundancy exposure has doubled. Manager handling needs to be clear, consistent and well-documented.

4. Are we clearly distinguishing between what is live now and what is still to come?
One of the easiest ways to create confusion is to brief later reforms as if they are already law. Act on the live April changes – and prepare methodically for what follows.

Your April Checklist

Before the Summer Term Gets Away from You

• Review payroll figures, minimum-wage rates, SSP settings and family leave payment templates.

   

• Confirm the apprentice rate is only applied where both qualifying conditions are met: age and year of apprenticeship.

   

• Check that sickness absence, family leave, and bereavement documentation reflect the new rules.

   

• Refresh reporting routes and manager guidance for sensitive concerns, including whistleblowing.

   

• Review any restructure plans carefully: identify the correct legal employer and start consultation early.

   

• Keep a clear audit trail of the checks you have carried out. 

• Monitor August and October 2026 implementation dates without treating
  those reforms as current law (yet!).
  
  

How SAAF Can Help

Keeping pace with employment law is one thing. Implementing it consistently across HR, payroll, policy, management and governance is another. That's where we come in.

Our HR advisory team works with schools, academies and trusts to turn legal changes into practical, workable solutions:

• Reviewing policies and templates to ensure they reflect current law

• Aligning payroll settings, documentation and manager guidance

• Advising on sickness absence, family leave and bereavement entitlements

• Supporting whistleblowing processes and reporting frameworks

• Assisting with restructures, consultation planning and employer identification

• Preparing leadership teams for upcoming reforms

And when you need support beyond HR, we're here for that too.