In July 2025, the UK Government published its roadmap for implementing the Employment Rights Bill (ERB). The changes sought to be made will be phased in in stages, with some of the reforms being made law immediately (provided that they receive Royal Assent) and others becoming law over the next two years.

The School Support Staff Negotiating Body

Part of the Government’s phased approach involved the consultation on the reinstatement of the School Support Staff Negotiating Body (SSSNB), which had the purpose of informing the Government’s approach to the SSSNB. The consultation finished on 18 July 2025 and its focus was on a number of important areas, including:

1. Certain pay protections for particular individual employees.
2. The definition of “school support staff”. If staff fall within the definition, their pay and conditions would be agreed through the SSSNB.
3. The impact of widening the SSSNB’s remit to include agency workers. Bringing agency workers into the SSSNB would require a change in law but it would not be made through the ERB.
4. How pay and conditions of school support staff are currently set. The call for evidence would inform the transition to a new system under SSSNB.

It is anticipated that the SSSNB will replace the National Joint Council for Local Government Services in setting remuneration and conditions of support staff working in England’s state-funded schools. The body will have representatives from the “employer side”, “employee side”, a representative for the Secretary of State for Education and an independent chair. UNISON, GMB and Unite, will also be a part of the SSSNB.

The SSSNB will consider the pay and conditions of school support staff working in the state sector in England. It will set a core national pay and conditions base level which all employees are entitled to, with it being up to individual employers if they wish to offer improved terms. The consultation paper states that the mechanism for setting pay and conditions will be determined by the SSSNB once it has been established under the ERB, which is not expected until 2027/2028.

The rest of the ERB roadmap

The phasing in of the measures set out in the ERB are expected to take place as follows:

Immediately (subject to Royal Assent)

1. Repeal of the Strikes (Minimum Service Levels) Act 2023
2. Repeal of a significant majority of the Trade Union Act 2016 (it being noted that some provisions will be repealed via commencement order at a later date)
3. Protections against dismissal for taking part in industrial action

From April 2026

1. Removal of lower earnings limit and waiting period for Statutory Sick Pay
2. Fair Work Agency body established
3. Day 1 paternity leave and unpaid parental leave
4. Enhanced whistleblower protections
5. Trade union recognition process simplified
6. Electronic and workplace balloting
7. Protective award for collective redundancies – doubling the maximum period of the award

From October 2026

1. Banning of fire and rehire practices
2. Employers required to take “all reasonable steps” to prevent sexual harassment
3. Introducing an obligation on employers not to permit the harassment of their employees by third parties
4. The strengthening of trade unions’ right of access
5. Extending protections against detriment for taking industrial action
6. New rights and protections for trade union representatives
7. Employment tribunal time limits to be changed

From 2027

1. “Day 1” right – protection from unfair dismissal
2. New rights for pregnant workers
3. Introducing a power to enable regulations to specify steps that are to be regarded as “reasonable” when determining whether an employer has taken all reasonable steps to prevent sexual harassment
4. Enhanced flexible working rights
5. Gender pay gap and menopause action plans (introduced on a voluntary basis from April 2026)
6. Establishment of an Industrial Relations Framework
7. New statutory entitlement to bereavement leave
8. Collective consultation threshold changes
9. Enhanced protection from blacklisting

The ERB has already been amended numerous times and it is expected that other changes will be made. It is important for educational institutions to note that “meat will be added to the bones” of the ERB by further laws that will be introduced in the fullness of time.

The changes that will be introduced by the ERB are significant and wide ranging, meaning that educational institutions need to be proactive and ensure they are ready for when measures are introduced. Using the ERB roadmap may assist in preparations and it would be advisable to carry out legal audits, as well as analysing risk to determine what issues might arise during or after the implementation of the necessary changes brought about by the implementation of the ERB.

If you would like to speak to an education sector employment law specialist about the incoming changes, please contact Thomas Emmett below.