Terms & Conditions
Terms and conditions of employment are the elements of a contract which help to define the relationship between the employer and the employee. These terms and conditions are “promised” to, or imposed on, the employee by the employer in exchange for a number of reciprocal “promises”.
The employer “promises” various benefits, such as pay, annual leave, sickness benefits etc, some of which are statutory requirements. In return, the employee “promises” to attend work for the duration of their contractual hours and to perform the work they are required to and to the standard required by the employer.
Terms and conditions can either be “express”, that is written into the contract of employment (or given verbally at interview etc), or "implied". Express terms include pay, hours of work, date of commencement of employment, annual leave entitlement etc. Implied terms may include certain inherent expectations such as the employee not stealing from the employer and the employer providing a safe working environment.
Whilst there is no general legal requirement that employees have a written contract of employment, they are entitled, in law, to a written statement of employment particulars if their contract is to last for one month or longer. This written statement must be given to the employee within two months of their employment commencement date and it may consist of more than one document.
When there are changes to the terms and conditions under which the employee is employed, and then they must be advised of those changes in writing within one month of the change taking place.
In relation to staff employed in schools, there are specific documents detailing the terms and conditions under which they are employed. These documents may detail either, nationally agreed terms and conditions or locally agreed ones. Relevant trade unions will be consulted on any changes to these documents and agreement will be reached. Any locally agreed terms and conditions will be supplementary to those agreed nationally and will often be more generous to the employee.
Academies & Free Schools
If you have transferred employees (under TUPE) from a maintained school then notice rights and responsibilities will transfer with them. Outside of this all new employees will be employed under the school or academies current terms and conditions. This does not mean, however, that the employer has the unilateral right to change employee’s terms and conditions of employment. This is a complex area and advice should always be sought by an employer before they make any such changes.