NASUWT Representatives

www.nasuwt.org.uk47Types of contractMost teachers are employed on a permanent contract eitherfull time or part time. However, increasingly, some teachers arebeing employed on fixed-term contracts.l A permanent contract has no termination date other than thenormal date of retirement.● An employee engaged on fixed-term contracts for a periodof over four years must have their contract made permanent(unless the employer can objectively justify the continueduse of fixed-term contracts).● Schools should be encouraged to employ persons on fixedtermcontracts only where there is an objective reason for sodoing. Jobs that are intended to be permanent (and theNASUWT defines these as being for more than one year)should be filled by permanent contract holders rather thanby fixed-term contracts that are then renewed.Transfer of Undertakings (Protection of Employment)Regulations 2006 (TUPE)When a new employer takes over an existing workforce to carryon substantially the same business which retains its identity andcontracts, including continuity of employment, are transferred tothe new employer by virtue of the TUPE regulations. Forexample, teachers working in a community school whichconverts to academy status should normally transfer underTUPE and therefore continue to have all of the rights under theirexisting contract of employment, even though the employer haschanged. This process is known as a transfer of undertaking.Employment would effectively transfer to the new employer butunder the terms and conditions agreed with the previousemployer. TUPE is a complex area of law and expert adviceshould be sought from the NASUWT Regional Centre.Transfer ofUndertakings(Protection ofemployment)Regulations 2006How can the contract be changed?Despite all of the complications discussed above, a contract ofemployment is essentially an agreement between the employeeand the employer. There must be agreement between theparties if the terms are to be changed.Unilateral changes in a contract are known as breach ofcontract and the aggrieved party may be able to claimcompensation through the Employment Tribunal or courts if thechanges are substantial enough to warrant this.The terms of a contract can be changed:l if both sides agree to the changes;l if an agreement is reached between an employer and therecognised trade unions; orl if legislation is introduced, in which case a contract wouldchange automatically.For advice and help ˚ Local Association ˚ Regional Centre ˚ National Executive