What impact will the Employment Rights Bill have on supply teachers and education establishments?

But what impact will the Employment Rights Bill have on supply teachers and education establishments when it fully comes into effect, and how can working with The Supply Register be a better route to efficiency in education recruitment and supply teacher engagement?

December 2024 saw the closure of a series of nationwide consultations that were designed to debate matters related to the Employment Rights Bill. The legislation has ultimately been created to enhance worker protections and address exploitative employment practices. While some aspects have already come into effect, the full legislation will be enforced no earlier than Autumn 2026, giving establishments some time to prepare. The headline-grabbing stories have largely been linked to increases in National Insurance Contributions (NICs), in addition to rises in the national minimum wage, which are now in play. But, there will also be a right to statutory pay for employees who meet the service requirements and minimum earning threshold, and progressions made to the Neonatal Care (Leave and Pay) Act 2023, amongst other changes.

What is the impact of the Employment Rights Bill on supply teachers?

However, the key takeaways for many professionals in the sector have been linked to the prohibition of zero-hours contracts and the requirement to grant reasonable notice for shift cancellations.

During consultations on the Bill, it was acknowledged that employers could circumvent the aforementioned ban on zero-hours contracts by employing agency workers, which unfortunately meant that similar protections were extended to this group. On paper, the education sector, and specifically supply teachers, could be significantly impacted by this legislation. The main changes to note include:

• Guaranteed hours: Education establishments, including schools and trusts (and those employing education supply teachers), will have to provide individuals with contracts that guarantee a minimum number of working hours, based on their regular work patterns over a specific period, which is expected to be 12 weeks. This change aims to reduce the uncertainty that supply teachers face regarding their employment and income, and provide workers with greater job security and income stability, thereby bringing their rights closer to those of ‘permanent’ staff.
• Shift cancellations: Both education establishments and employment agencies will be required to give reasonable notice for shifts, cancellations, or changes. If a scheduled shift is cancelled on short notice, the supply teacher will be entitled to compensation.
• Responsibility allocation: The responsibility for offering guaranteed hours to agency workers, including supply teachers, generally rests with the end hirer (in this case, the school or trust employing the supply teacher). However, there is flexibility that moves this obligation to agencies or other intermediaries in specific scenarios, which will be clarified through upcoming secondary legislation.

How can The Supply Register help?

Here at The Supply Register, we completely agree with the need for legislation that ensures fairness, but we also believe that supply teachers should have the ability to be flexible and provide specialist services when a gap needs to be filled.

As we’ve shown in the past, our bank approach has numerous benefits and ensures that the teachers in question receive a fair deal, and have more control over which roles they take, and when, where and how often they take them.

From the employer side, this way of working also puts the power back in the hands of education establishments to build a bank of experts they know, trust and can go directly to if needed. All of our candidates are thoroughly vetted and paid at the best market rates, meaning establishments will have access to the highest quality teachers, at the right rate.

Both the teachers and establishments that we work with gain from our model – which was built out of a clear need for fairer and more efficient hiring in education – and once we partner with a new institution, we align them with a vetted, suitable bank of talent, which is supported by a neutral selection of agencies.

This means that the teachers that we provide our partners with will be placed into specific roles or banks because of their fit, rather than solely because they’re available at the time, which benefits both parties. And rather than just being an external resource, our bank teachers form part of the wider ecosystem of the school or MAT they partner with, and become a key part of the community. This is one of the many reasons why – across our client base – candidates who form part of these banks score exceptionally well reviews and report high levels of job satisfaction. You can find out more about our approach here.

Both teachers and establishments should feel confident that The Supply Register will always seek the fairest possible deal for everyone within our networks and will deliver results that drive the best possible educational outcomes.

If you’re looking to find your next supply role, or are simply looking to better understand this changing environment, speak to our expert team. Equally, get in touch today if your school, trust or other establishment is looking to build out its own bank of expert supply specialists.