NASUWT Representatives

www.nasuwt.org.uk45ContractEvery employee has a ‘contract’ with her/his employer. Anemployment contract is an agreement between the employerand employee that sets out the rights and obligations of eachparty and, in particular, that the employer will pay wages inreturn for certain specified work carried out by the employee.Contracts are enforceable in law and either side can sue for‘breach of contract’ for any breach of contractual terms andconditions. Verbal contracts have the same status as writtencontracts but are harder to prove if disputed.Further InformationTransfer ofUndertakings(Protection ofEmployment)Regulations 2006Teachers working in community and voluntary controlledschools have a contract with the LA. Teachers in voluntary aidedschools, foundation schools, trust schools, city technologycolleges (CTCs), academies, free schools, sixth-form collegesand independent schools have a contract with the governingbody or proprietor. Some supply teachers are employed byagencies.What does a contract contain?A contract contains the terms that specify the obligations of theindividual employer to the employee and of the individualemployee to the employer.l An express contractual term is one that is clearly specified,orally or in writing. It might be, for example, the rate of paybeing offered.l ● An implied contractual term is one that is generally‘understood’ and that need not be made express. Judgeswill assume that these terms are present in a contract ofemployment whether they are made explicit or not. Forexample, it is assumed that the employee will give loyalservice to the employer. Equally, it is assumed that theemployer will not ask the employee to do anything illegal.l ● Incorporated terms are usually derived from collectiveagreements between recognised trade unions andemployers. If a recognised trade union makes an agreementwith an employer altering the terms of a contract (e.g. therate of pay), then the employment contracts of employeeswill be changed whether, individually, they agree or not.Some important collective agreements reached nationally byteacher trade unions, including the NASUWT, are gatheredtogether in a publication called the Conditions of Service forSchool Teachers in England and Wales, otherwise known asthe Burgundy Book because of the colour of its cover.l ● Statutory terms are those incorporated in the contract ofemployment by legislation. For example, all workers have astatutory right to minimum conditions relating to maternity,adoption, paternity or parental leave.For advice and help ˚ Local Association ˚ Regional Centre ˚ National Executive