APSCo UK May Legal Updates

DfE launches new framework for supply teachers and education recruitment

The Department for Education has introduced a new “Supply Teachers and Education Recruitment” framework (RM6376), launching in May 2026, aimed at improving value and transparency in the use of agency staff by schools and trusts.

The framework will introduce capped agency fees, greater cost transparency, and a 12-week free temp-to-perm provision. From September 2026, academy trusts will be expected to use the framework or demonstrate equivalent value through alternative routes.

Department for Education commercial strategy and innovation commercial lead Beth Lord explains the new Government Commercial Agency supply staff framework and how it aims to rebalance the market, saving schools money here.

DBT - Consultation on misuse of Non-Disclosure Agreements (NDAs)

The Department for Business and Trade (DBT) launched a consultation on the misuse of non-disclosure agreements following measures introduced in the Employment Rights Act 2025, which will render void any contractual provisions (including in employment contracts and settlement agreements) that prevents workers from speaking about relevant harassment or discrimination.

The consultation seeks views on:

• when NDAs may still be enforceable as an “excepted agreement” (for example, where confidentiality is requested by the worker and supported by independent advice);
• who workers can still disclose concerns to, regardless of any NDA, such as legal or medical professionals; and
• whether protections should extend beyond employees and workers to cover some self-employed individuals.

The deadline to respond to the consultation is 8 July 2026 and you can respond here.

ICO - New guidance on Recognised Legitimate Interests

The Information Commissioner's Office (ICO) has published guidance on the new recognised legitimate interest lawful basis, introduced under the Data (Use and Access) Act 2025. The guidance provides organisations with information on the new lawful basis for certain limited processing activities deemed to be in the public interest, without requiring the usual balancing test associated with the standard legitimate interest.

Some of the key points addressed by the guidance are:

• Recognised legitimate interests apply only to specific prescribed purposes set out in legislation;
• Organisations must still demonstrate that processing is necessary and comply with wider UK GDPR obligations, including transparency and accountability; and
• This is a separate basis from the standard legitimate interests, rather than a replacement for it.

The guidance is accessible here.