2026 will be another year of challenges for businesses working with our education and skills sector. But more specifically, what should we be looking out for? The Freeths legal team supporting businesses in your sector have come up with the following list of 2026 big events to be watching out for.
The long-awaited Schools White Paper
The Labour government’s period in office now extends over 18 months but a much anticipated “direction of travel” statement addressing the future of schools and academy trusts remains a work in progress at the Department for Education.
The Labour party’s 2024 manifesto set out a clear intention to overhaul school finances and leadership, pledging to restore robust oversight and accountability in the sector. The manifesto emphasised the importance of reforming the school funding formula. Labour also proposed empowering school leaders through enhanced professional development and support, while introducing stronger governance frameworks to raise standards and improve outcomes for pupils across the country.
Given the long wait perhaps the White Paper proposals will be at the radical end of the reform spectrum.
Preparations for a new School Curriculum continue
With implementation not due until September 2028 DfE is taking a particularly careful approach in managing the implementation process. External consultants are being engaged in the process of converting Professor Becky Francis’s recommendations into a series of curriculum documents. Publication is promised for Spring 2027. Education publishers and content creators will want to be ready to respond with any redevelopment of content and other materials required as a result of reforms.
But 2026 should be used to actively monitor readouts from the department and prepare any commissioning contracts that may be required to secure the high-quality resources teachers expect to see.
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Employment rights
2025 saw an important and controversial manifesto commitment side stepped with the support of both trade unions and employers.
The proposed ability of employees to take a case to an employment tribunal from day one of their employment on grounds of unfair dismissal has been diluted. A six-month probationary period is now allowed for enabling employers to assess competence with claims for unfair dismissal only permitted after that date – unless on grounds such as discriminatory conduct.
We provide an in depth guide to the reforms here.
AI and its impact on copyright – what next?
Authors and publishers face a particularly nervous start to 2026 given the continuing lack of a legislative framework that must somehow compromise the interests of advancement in the use of AI with longstanding and important copyright protection laws.
The Data (Use and Access) Bill passed into law without including AI copyright provisions, but the bill (now the Data (Use and Access) Act 2025 has set the stage for reform. Pressure is mounting for dedicated legislation in 2026. What may we expect?
The Intellectual Property Office for the United Kingdom is actively working to safeguard copyright when materials are utilised in AI systems. The office has been instrumental in leading discussions around the development of new frameworks and technical standards which ensure creators’ rights are respected, particularly as AI technologies increasingly rely on existing works for training and innovation. Through discussions initiated with stakeholders across the publishing and technology sectors, the IPO aims to make recommendations to government that strike a balance between encouraging AI advancement and maintaining robust copyright protection.
To date, the government has indicated a preference for an “opt-out” model, enabling AI training on copyrighted material unless rights holders object.
A formal decision on the approach the government intends to take is expected soon, followed by draft legislation later in 2026. This may include:
- Collective licensing schemes for AI training
- Technical standards to enforce rights reservations
- Broader reforms on deepfake regulation and AI governance
The law relating to cookies is receiving an update
An update to the UK’s ePrivacy and PECR rules expands cookie consent exceptions to allow certain low-risk uses, like basic analytics or site optimisation. Additional guidance will be provided by ICO. While these updates make compliance more practical, organisations must still provide clear user information and a straightforward opt-out process.
Data Privacy – new rather limited legislation is being implemented
Since Brexit the United Kingdom is in a position to develop data protection legislation to more specifically meet UK requirements. At the same time, the government will not want to move too far away from positions collectively set within the EU during the UK’s membership, and which became law in 2018.
Importantly, to facilitate date transfers into EU member states and EEA countries (and to receive data from these territories a valuable “adequacy” [of our data privacy legislation]) has recently been renewed by the EU.
Perhaps with this in mind, the government pared back proposed new legislation for the United Kingdom significantly, with very limited provisions included in the Data (Access and Use) Act 2025. We provide a summary of changes likely to be important to education and skills businesses later in this edition of Commercial Education Brief.
Consumer Rights – the government is expected to implement consumer rights in relation to subscriptions in 2026
Whilst much of the Digital Markets, Competition and Consumers Act 2024 is now in force (see what we say below about the impact already being felt by major corporates) the government is acting with less speed in relation to a proposed new set of requirements that businesses offering subscriptions to consumer customers will need to comply with.
Consultations have taken place over the last 12 months recognising that, for many, consumer services subscription arrangements can be complex. Regulations are expected to be published in the spring with the latest indicated date for implementation late 2026.
Education businesses offering subscriptions to consumers will need time to prepare for compliance which will include requirements to give pre-contract information to potential subscribers and to make more transparent and timely information regarding renewals and the costs of renewing.
CMA is expected to implement its Strategic Market Status decision in relation to Apple and Google App platforms
Whilst Apple and Google deserve full credit for the way in which app platforms make the products and services of millions of businesses accessible globally, the Competition and Markets Authority has taken full advantage of rights within the Digital Markets, Competition and Consumers Act 2024 to investigate, consult and, following consultation, make a determination that the app platforms should be regarded as parts of their business that hold strategic market status.
Legislation now provides the CMA with the opportunity to enforce business practices that create a level playing-field for the many start-ups and scale-ups across the UK tech sector. CMA also consider that businesses and consumers who depend on Apple and Google for critical products and services will also benefit from more innovation, more choice and more competitive prices. We will be covering this important development in more detail in our next edition of Commercial Education Brief.
What will 2026 have in store for your business?
We certainly hope it is a successful year – the challenges we present in this briefing are far from a statement of all the challenges you will encounter. We are interested to hear your views on what 2026 means for your business. Drop us a line if there is something that we have not covered but which might benefit from an article in the spring edition of Commercial Education Brief.
The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
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