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The Children's Wellbeing and Schools Act 2026: changes to teachers' pay and conditions

12 June 2026

This article is part of our series of briefings on The Children’s Wellbeing and Schools Act.

The Children's Wellbeing and Schools Act 2026 introduces potentially significant changes to teachers' pay and conditions through a new unified pay and conditions framework for all state-funded schools, including academies.

Currently, academy trusts have the freedom to depart from the School Teachers' Pay and Conditions Document (STPCD), which applies to maintained schools in England.

The Act now puts in place a statutory framework requiring academies to comply with a mandatory minimum pay floor set by reference to the STPCD pay ranges.

A pay floor, not a ceiling

When the Bill was first introduced, it proposed amending Part 8 of the Education Act 2002 to create a single overarching pay and conditions framework - which would have meant academies having no choice but to adopt the STPCD in full. The National Education Union (NEU) supported that approach, arguing that a single set of pay and conditions would improve teacher mobility and fairness across the school system.

Following criticism during its passage, the government amended this part of the Bill. It now establishes a statutory minimum pay floor for academy teachers, set by reference to STPCD pay ranges, rather than making every aspect of the STPCD automatically mandatory.

The statutory obligation is limited to pay: academies must pay teachers at least the minimum level set by order, by reference to the STPCD pay ranges. The conditions elements of the STPCD - directed time, PPA, cover supervision, invigilation and so on - will not carry the same statutory mandate for academies, though in practice many trusts may choose to align with them.

The approach is best understood as a "floor but no ceiling" model: academies must meet the minimum, but retain the ability to pay above it and - where they can justify doing so - to depart from the conditions elements of the STPCD.

Extending the remit of the review body

The Act also confirms the extension of the School Teachers' Review Body (STRB) remit to include academies. Academy trust representatives will become consultees in the annual national pay review process for the first time.

The change does not extend to senior executive leaders of academy trusts. The STPCD has not historically catered well for such individuals, and that position is maintained under the Act - reflecting the fact that such individuals are less likely to be undertaking teaching work.

Why does this matter?

The STPCD - and the framework now being extended to academies - sets out a common framework for a number of teachers' terms and conditions. Whilst it covers provisions including directed time and PPA, the Act only requires academies to comply with the pay requirements of the STPCD.

Whilst the majority of academy trusts have continued to adopt the STPCD, a number seized the opportunity to depart from it and carved out their own terms and conditions, including on pay. The previous government indicated that it believed more than 20,000 teachers in academies were paid more than provided for in the existing STPCD pay scales.

Why did the government pursue this?

The government wanted to create a consistent pay and conditions package across all state-funded schools. It believes this will not only promote partnership and enhance collaboration between schools, but also help to attract and retain strong teaching talent. The government also argued that the change gives academy trusts a voice in pay and conditions for the first time, through their new status as consultees in the STRB process.

What does the Act mean for academy trusts?

The Department for Education has given assurances that it will task the STRB with considering additional flexibilities to make the STPCD most effective for all schools. What those flexibilities will look like in practice remains to be seen: the detail will emerge through the secondary legislation and statutory guidance that commencement orders will bring in their wake.

The Secretary of State for Education previously confirmed to the Commons Education Select Committee that "schools will have flexibility to innovate with the floor but no ceiling." That formulation is now reflected in the enacted provisions.

Academy trusts will be permitted to continue paying teachers above the minimum pay ranges - a position confirmed during the Bill's passage and now embedded in the enacted framework.

Implementation timeline

The Act received Royal Assent on 29 April 2026. These provisions on teachers' pay require further commencement orders and secondary legislation before they take legal effect. They will be incorporated into a further STPCD. We'll update further when we know the likely timescale.

Things to be thinking about

Academy trusts should carry out due diligence to ensure they understand the terms and conditions in operation across their trust. Do you follow the STPCD for pay currently - and if not, how do you depart from it? Are there any individuals currently being paid below the minimum?

If you're on the brink of launching a new pay policy or other new terms and conditions, you may want to consider the impact the changes above could have. Whilst changes can still be made before these provisions come into force, think carefully about whether doing so is proportionate where further changes may need to be made shortly afterwards to align with a future version of the STPCD.

The Children's Wellbeing and Schools Act 2026 marks a significant shift in the legal landscape for academies. The direction of travel is clear, even if many of the operational details are still to be settled through secondary legislation.

Find out more about The Children’s Wellbeing and Schools Act

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Key contact

Sarah Linden

Legal Director

sarah.linden@brownejacobson.com

+44 (0)330 045 2186

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