WOKINGHAM BOROUGH COUNCIL
EMPLOYMENT RIGHTS ACT 1996
WRITTEN STATEMENT OF TERMS AND CONDITIONS OF EMPLOYMENT
1. / JOB TITLE2. / EMPLOYER: / Wokingham Borough Council
3. / FULL NAME:
4. / ADDRESS: / (Insert employees home address)
5. / DATE THIS APPOINTMENT COMMENCED:
6. / EMPLOYMENT STATUS: / This is a fixed term contract.
7. / FULL TIME OR PART TIME STATUS: / (insert the relevant paragraph/s from below)
FIXED TERM CONTRACT (FULL AND PART TIME)
This is a full time / part time (delete as appropriate) fixed term appointment expiring on (insert date), where dismissal will consist only of the expiry of that term without its being renewed. The appointment may however be terminated at any other time, by either side, subject to the provisions of Paragraph 14. In the present circumstances I am not able to offer any assurance regarding future employment beyond the period of this engagement.
(For part time include the following otherwise delete)
Initially your proportion of full time service will be (insert proportion). If it is considered necessary to vary this proportion to meet the needs of the school, this will be discussed with you and subsequently confirmed in writing at least one month in advance of any such variation.
(For job share post include the following otherwise delete)
This contract relates to your employment in an integral part of a full time job. Should the person also employed in this post leave, or otherwise have their contract terminated, every effort will be made to seek a suitable job share partner. If this is not successful and it is decided to restructure the post to full time working, you will be offered the option to take up the full time appointment. If this is not acceptable to you, every effort will be made to offer you a suitable alternative part time post. If this is not possible, or you refuse a fair offer of an alternative post, your employment will terminate.
If either job share partner is absent from work at any time through illness the other will be offered the option to cover such absences.
This appointment is fixed term due to the following:
(Select appropriate paragraph and delete remaining paragraphs including this one. The fixed term headings are for guidance. If a school wishes to use alternative wording, or do not think any of these options reflect the actual temporary nature of the post, then please consult with your personnel provider)
VACANCY COVER
This contract is to cover a vacant post pending a permanent appointment being made.
RISING FIVES
This is a fixed period appointment to cover the short-term increase in infant pupil numbers.
REVIEW OF STAFFING NEEDS
This is a fixed period appointment pending a review of the numbers and organisation of staff of the establishment.
SECONDMENT
This contract is to cover the absence on secondment of (insert name). The appointment will end on the day prior to the date of their return to duty.
MATERNITY COVER
This contract is to cover the maternity leave of (insert name). This appointment will end on the day prior to the date on which she returns to duty, or on the date during the school holidays on which she is deemed to be available for duty, or on her resignation, whichever is the earliest. At the moment it is anticipated that (insert name) will be on maternity leave until (enter date), although this is subject to change and you will be kept informed of any developments.
When the purpose for which the temporary contract has been made comes to an end it will be terminated with 7 days written notice, although the period of notice will be extended as shown below if you have completed 2 years continuous service or more at the date of termination.
More than 4 weeks but less than 2 years 1 week
2 years or more but less than 12 years1 week for each year of continuous service
12 years or more 12 weeks
SICKNESS ABSENCE COVER
This contract is to cover the absence on sick leave of (insert name). This appointment will end on the day prior to the date of return to duty or on their resignation, whichever is the earliest.
When the purpose for which it has been made comes to an end it will be terminated.The appointment may be terminated at any other time, by either side, within the periods of notice set out in Para 14.
8. / PLACE OF EMPLOYMENT: / (insert school name)
9. / CONTINUOUS SERVICE: / (a)For the purposes of establishing statutory employment rights your period of continuous service, based on the information which you have provided, dates from (enter date of continuous service with Wokingham, but not including other ex Berkshire Unitaries).
(b)For the purpose of calculating your entitlement to certain conditions of service and, where appropriate, your rights in connection with redundancy payments your period of continuous service, based on the information which you have provided, dates from (enter date of continuous service as a teacher, regardless of which Local Authority).
If you disagree with these dates will you please let me know as soon as possible.
Where an employee holds more than one job, under separate contracts of employment with the same employer, but is made redundant from one of those jobs, any right to redundancy payment will be calculated in relation to the job from which he or she is made redundant.
Your rights in connection with redundancy payments include
recognition of previous continuous employment in local government
and with related employers as set out in the Redundancy Payments
(Continuity of Employment in Local Government) Order 1999.
Current employment law confers employment protection rights on
employees who complete two years of continuous service.
For thispurpose continuous employment means continuous
employment withWokingham Borough Council, but also covers
movement between WBC schools, including VA schools, where there
is no break in service.
Previous continuous service as a school teacher, as defined within the School Teachers’ Pay and Conditions Document and the Burgundy Book, within one or more local authorities will count towards entitlement to certain conditions of service benefits including sick pay and paid maternity leave.
10. / CONDITIONS OF SERVICE / Your conditions of service derive from a combination of Acts of Parliament, Statutory Regulations, national collective agreements negotiated between representatives of the national employers organisation and recognised Teacher Associations, supplementary local collective agreements between Wokingham Borough Council and the Teacher Associations recognised by the authority and policies and procedures adopted by the governing body of your school.
From time to time, variations in your terms or conditions of employment will result from changes to statutory regulations or to nationally or locally negotiated collective agreements. Such changes, as adopted by the Governing body will be incorporated within your contract of employment and you will be notified of these, in writing, within one month in each instance. The Authority will also ensure that amendments are entered into documents that are available for reference either at your school or by arrangement with Wokingham Borough Council.
11. / SALARY: / Your salary will be determined by Orders made from time to time under section 122 of the Education Act 2002, and will be in accordance with the provisions set out in the School Teachers' Pay and Conditions Document of the Department for Education. It will be reviewed annually in September in line with these provisions and you will be advised by your school governors of the outcome of each such review. The operation of the salary structure for teachers is normally reviewed in September of each year.
You will be paid monthly in arrears by credit transfer into a bank or building society account and it is a condition of service that you maintain such an account during the period of your employment with Wokingham Borough council.
Your starting salary will be assessed as follows
School Group
Leadership Group Pay Range / to
Individual School Headteacher Pay Range
Your annual starting salary / £
Any other allowance [specify] / £
Total Annual salary / £
The Leadership Group Pay Range is non-incremental and arrangements covering review of the point on the pay range on which you will be paid will be determined by the Governing Body in consultation with you. Any progression to a higher point is subject to the carrying out of a performance review by the Governing Body or an appropriate committee of the Governing Body.
12. / PARTICULAR CONDITIONS OF APPOINTMENT / This appointment is subject to the following:
a)Satisfactory Enhanced Disclosure clearance following the receipt of information obtained from the Disclosure and Barring Service. The school will contact you to initiate the DBS process.
b) Satisfactory Medical Examination or Assessment. This offer of appointment is subject to the Authority obtaining satisfactory evidence as to your health with consideration of reasonable adjustments to accommodate a disability where relevant.
c) Satisfactory References.
d) Verification of your qualifications and experience as stated on your application form and verification that you are not prohibited from teaching.
e)Satisfactory documentation to demonstrate your entitlement to work in the United Kingdom required by theImmigration, Asylum and Nationality Act 2006.
f)Confirmation that you have achieved Qualified Teacher Status.
g)Declaration that you are not disqualified under the Childcare Act 2006 – if applicable to post
13. / HOURS OF WORK / Headteachers are required to work such hours as are necessary to meet the conditions of employment set out in the School Teachers' Pay and Conditions Document and to ensure the effective running of the school.
The Appointment is subject to those conditions of employment arising from the National Agreement and set put in the School Teachers Pay and Conditions Document.
The holidays of all staff employed on teacher terms and conditions will normally coincide with periods of school closure and public holidays.
14. / TERMINATION OF EMPLOYMENT / The appointment may be terminated, except in the case of dismissal for gross misconduct or other urgent cause, by the following periods of written notice on either side, expiring in each case at the end of term:
Autumn & Spring Terms:3 months
Summer term:4 months
For notice purposes, the Summer Term will be deemed to end on 31 August, the Autumn Term on 31 December and the Spring Term on 30 April. You may have a statutory entitlement to a longer period of notice in that after nine years' continuous service the appointment will be subject to one week's notice by the Authority for each year up to a maximum of 12 weeks.
[Insert for maternity contracts-This notice period does not apply in the case where a teacher works until the day before the maternity leave of (insert name) ends when the contract will be automatically terminated without prior notice, see clause 7.]
15. / RESPONSIBILITIES / You are required to devote your whole time duties to the work of the school and will not engage in any other business or take up any additional appointment without the express consent of the Governing Body.
You will be expected to work within the provisions of the Data Protection Act, details of this legislation relating to employment is available from Wokingham Education Personnel. For details relating to your job please see your Line Manager.
16. / PENSION / For information on the Teachers’ Pensions scheme please go to the Member’s Section of the website at This will provide you with details and guidance relating to the scheme. Please be aware that both full and part time teachers, including supply teachers, are automatically entered into the scheme.
You can choose to opt out from the Teachers’ Pension scheme for this employment. You will only be able to opt out of the Scheme by completing an online form via My Pension Online (MPO), unless you have requested otherwise.
17. / HEALTH
STANDARDS / The Education (Health Standards)(England) Regulations 2003 prohibit appointment to a teaching post unless the employing authority is satisfied with regard to the teacher's health and physical capacity to undertake the normal duties and responsibilities associated with a teaching appointment. The same Regulations provide that a teacher shall not continue in service where the employing authority is satisfied that he or she has not the health or physical capacity to do so.
You will be required to give evidence of your health as a condition of your employment. All appointments will be subject to the receipt of a satisfactory medical report.
The Council reserves the right to request you to have a medical check by its Occupational Health Consultant during the course of your employment should it be deemed necessary.
In fulfilling their duties under the Regulations the school and the Council will give due regard to the requirements placed upon employers under the Equality Act 2010.
18. / SICKNESS OR INJURY / Your entitlement to payment during illness is set out in Section 4 of the Conditions of service for school teachers in England and Wales revised edition August 2000. This provides an allowance on the following scale:
Full Pay / Half Pay
During first year's service / 25 days / 50 days
(after 4 calendar months service)
During second year's service / 50 days / 50 days
During third year's service / 75 days / 75 days
During fourth and subsequent years’ service / 100 days / 100 days
The Authority's procedure for reporting sickness is to:
(a) notify the school to ensure arrangements for cover as early as possible on the first day of absence.
(b) for any absence for sickness or injury, provide a self-certificate upon return to work.
(c) if the absence exceeds 7 days, on the 8th day submit a medical certificate Fit Note and any necessary continuing medical certification.
(d) if you suffer an injury at or during the course of your employment, it should be notified immediately to your Deputy Head, Headteacher or your line manager at the school.
If you abuse the sickness scheme or are absent on account of sickness due or attributable to deliberate conduct prejudicial to recovery or your own misconduct or neglect or active participation in professional sport or injury while working in your own time on your own account for private gain or for another employer sick pay may be suspended. The Governing body will advise you of the grounds for suspension and you shall have the right of appeal to the appropriate committee of the Governing body. If the Governing body decide that the grounds are justified then you shall forfeit the right to any further payment in respect of that period of absence. Repeated abuse of the sickness scheme will be dealt with under the Disciplinary Procedure.
Sick leave & pay entitlement is given on the basis of a reasonable expectation of a return to work within a reasonable time scale.
19. / DISCIPLINARY,
CAPABILITY AND
GRIEVANCE
PROCEDURES / All employees will be subject to these procedures currently in force, as agreed by the Council or adopted by the Governing body. These procedures can be viewed at the school. These procedures may be varied by the Council following consultation.
20. / THE PROCESSING OF PERSONAL INFORMATION UNDER DATA PROTECTION LEGISLATION / Your consent is required for the Council to hold and process, both electronically and manually, the information it collects in relation to you and your employment (during your employment), for the purposes of:
-Compliance with employment law and the administration of your contract.
-Equal Opportunities monitoring.
-Establishing your training and/or development requirements.
-Payroll and pension administration.
-Gathering further evidence where there is a case for disciplinary and capability action.
-Monitoring days absent attributed to sickness and categories of sickness.
-Establishing a contact point in the case of an emergency e.g. next of kin.
Information will only be passed to a third party with your consent or otherwise in accordance with Data Protection legislation.
More specifically this would include information necessary for the purposes of exercising or performing any right or obligation that is conferred or imposed by law in connection with employment.
If you ask, we will show you what information we hold about you.
Please inform the school of any changes in your personal details to ensure your records are kept up to date.
21. / COUNCIL POLICY STATEMENTS / The following local policies and procedures also apply to you: -
Health and Safety Policies, Procedures and Codes of Practice
Equal Opportunities Policy
Code of Conduct for Employees
Data Protection Act (details of this legislation are available from the Council’s Data Protection Officer).
Policy on Working Time Regulations
Family Care Policy
E-mail and Internet use
Smoking policy
Other school policies agreed by the Governors
These may be added to and varied by the Council following consultation.
22. / OFFICIAL
CONDUCT / All qualified teachers in this country are required by law to meet and adhere to the Teachers’ Standards set out by the Department for Education (September 2012). The Teachers’ Standards aim to set out minimum standards required and promote high standards of professionalism in schools.
(If the school has adopted the model Code of Conduct policy issued by the Local Authority please include a copy with this contract and include the paragraph below)
Please refer to the Code of Conduct policy issued with this contract. Please read and sign this document and return to the school.
23. / UNION MEMBERSHIP / The Authority as your employer supports the system of collective bargaining in every way and believes in the principle of solving industrial relations problems by discussion and agreement. You have the right to join a trade union and to take part in its activities.
24. / REHABILITATION OF OFFENDERS ACT / This post is exempt from the Rehabilitation of Offenders Act 1974. Under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 you are required to declare any information about convictions or past cautions which would not be filtered in line with current guidance and prosecutions pending.
Anyone who is selected to take on a paid or unpaid role in an establishment that is wholly or mainly for children or in which there will be regular contact with children under 18 years old will need to obtain from a satisfactory Disclosure from the Disclosure and Barring Service. An Enhanced Disclosure, which will entail additional checks with local police records, applies to positions where the postholder will have caring and training responsibilities or will be in sole charge of children.
If during the course of your employment you receive a conviction, a bindover order or a warning given by a local police force, or you are the subject of a police investigation or have criminal proceedings pending against you, you are required to inform the Headteacher of this fact (a Headteacher who is making a disclosure in relation to his/her own circumstances should do so to the Chair of Governors). Failure to do so could result in disciplinary action being taken against you, up to and including consideration of dismissal. Such information will be treated in the strictest confidence and considered only in relation to the post you undertake at the school.
25. / SMOKING AT WORK / Smoking is not allowed in ‘enclosed’ or ‘substantially enclosed’ areas of the school premises. It is for the governing body of each school to determine its own policy in relation to the prohibition of smoking anywhere else on the school grounds. Where such a policy exists you will be advised separately of this.
26. / AMENDMENTS / The Council reserves the right to amend or to terminate any working arrangements, collective agreements or schemes which are included in your Contract of Employment either by consent (individually or collectively) or by termination as provided for within those arrangements, agreements or schemes, in which case such provisions will cease or be amended if appropriate.
STATEMENT TO BE SIGNED BY EMPLOYEE
I accept the appointment on the terms and conditions laid down in this document.