The law sets out very clearly what must be contained in the offer of a staff job, says Mary Evans, and neither side has anything to fear
Alegal contract exists once a job offer is made, so the formal letter of appointment that a nursery manager sends to a new staff member must cover the basic details of the employment and should include the proviso that the offer is subject to satisfactory references.
The contract of employment underpins the entire relationship between employer and employee. This is why it is so important that its terms and conditions are clearly spelled out and understood by both sides before it is signed.
Tricia Pritchard, professional officer with the Professional Association of Nursery Nurses, is concerned that many young first-time employees joining nurseries do not dare insist upon being issued with contracts or question their terms before signing. She says, 'Nursery nurses are often reluctant to challenge their employer over their contracts because they are worried they might be blacklisted and branded as troublemakers and that it will affect their prospects.
'We don't often have problems with contracts in local authority nurseries, and if we do it is usually due to an oversight which is soon rectified. But there can be problems in the private sector. Some employers are issuing contracts stating that if the numbers fall below a certain level the girls' jobs will be affected and their hours cut. In other cases, people just don't issue contracts.
'I think it would help if at college the students were taught not just about the job of childcare but about all that is involved in being employees,' Tricia adds. 'We always advise nursery nurses to insist on a written contract before the commencement of employment.'
According to the Department of Trade and Industry, 'The contract need not be written down (although it must be if it is a contract of apprenticeship). Its terms can be written, oral, implied or a mixture of all three.' Implied terms might include those that are too obvious to be expressly agreed - for example, a term that the employee must accept reasonable instructions from the employer.
However, under the Employment Protection (Consolidation) Act 1978 and the Trade Union Reform and Employment Rights Act 1993, employers must furnish new staff with a written statement of the terms and conditions of the employment within two months of the start of the employment (see box).
Given the nature of the work it is also wise to include issues in the conditions of service such as the requirement for staff to report suspected child abuse, the importance of confidentiality, the duty to report notifiable illnesses, and the prohibition of the use of drink or drugs at work.
The employer/employee relationship is two-way and the nursery should provide written details of its personnel policies covering not just what it requires of its staff, but what it will provide for them, such as equal pay for work of equal value.
A spokesman for the Department of Education and Employment explains, 'A number of statutory rights apply to employees as soon as they start work. They include protection against unlawful deductions from wages, adverse treatment on grounds of sex, race or disability and dismissal for seeking to enforce statutory employment rights.' These rights can be covered in the nursery's personnel policies.
Job offers and contracts
A job offer letter should include:
- Job title.
- Hours.
- Pay, including method of payment.
- Place of job.
- Proviso indicating the job is subject to satisfactory references, police and social services checks under the provisions of the Children Act 1989, and the completion of a probationary period, during which time the worker's performance will be reviewed.
- A duplicate copy of the letter and forms for signature and return, including a health questionnaire and staff registration form.
- Details of the nursery dress code and so on.
The written statement of employment must include:
- The names of employer and employee.
- The date when the employment (and the period of continuous employment) began.
- Remuneration and the intervals at which it is to be paid (for example, weekly/monthly).
- Hours of work (if flexible the maximum hours to be worked in any one week). Overtime requirement and method of remuneration (additional pay/time off in lieu).
- Holiday entitlement.
- Entitlement to sick leave, including any entitlement to sick pay.
- Pensions and pension schemes.
- The entitlement of employer and employee to notice of termination.
- Job title and a brief job description.
- Where it is not permanent, the expected period for employment, or, if it is for a fixed term, the date when it is to end.
- Either the place of work or, if the employee is required or allowed to work in more than one location, an indication of this and of the employer's address.
- Details of the existence of any relevant collective agreements which directly affect the terms and conditions of the employee's employment - including, where the employer is not a party to them, the persons by whom they were made.
Where there are no particulars to be given for one of the items required to be covered in the statement (for example, where there is no pension entitlement), this must be indicated. However, details of arrangements for maternity leave, redundancy and retirement need only be listed separately if they exceed the minimum laid down by law.
The statement must also include a note giving basic details of the disciplinary and grievance procedures and company rules, that can be set out in a separate document, and stating whether or not a pensions contracting-out certificate is in force.
The statement should also refer the employee to separate documents containing the nursery's health and safety policy and equal opportunities policy.
More information
- The Department of Trade and Industry (DTI) produces two free booklets giving advice on contracts: Contracts of Employment (PL810) and Written Statements of Employment Particulars (PL700), both of which are available from local Employment Service Jobcentres or from the DTI Publications orderline on 0870 1502 500.
- Nursery staff and nannies are covered by the Working Time Directive, which regulates the hours of work. A free booklet, A Guide to Working Time Regulations, is also available from the DTI.
- The Institute of Personnel and Development (phone 020 8971 9000), a professional body for those involved in the management and development of people, provides information and training courses on all aspects of management. Its website (www.ipd.co.uk) contains a 'virtual' bookshop stocking
a wide range of books including titles on employment contracts. - The National Day Nurseries Association produces a comprehensive Recruitment and Selection Pack, which costs 50 for members and 100 for non-members. There is a 10 per cent discount for an order of five or more (phone 01484 541641, e-mail ndna@btinternet.com
- The Professional Association of Nursery Nurses publishes a model employment contract for nannies and a factsheet, 'The Role of the Nursery Nurse', which covers issues such as the job description, function and duties of a nursery nurse. Both leaflets are available from PANN (phone 01332 372337).
- Parents at Work publishes a pro-forma nanny contract and issues two copies: one for the employer and one for the nanny to fill in, sign and make into a legally binding employment contract between the two parties. The document, priced 2.50, is available from Parents At Work, 5th Floor, 45 Beech Street, London EC2Y 8AD (phone 020 7628 3565).
Further reading
- Managing Your Nursery: A Practial Guide for Nursery Professionals by Ruth Andreski and Sarah Nicholls, priced 6.99, is a Nursery World publication which
has sections on employment contracts. Ring the Nursery World Bookshop on 01454 617370. - Contracts of Employment by Hammond Suddards, priced 29.99, is available from the IPD virtual bookshop (see below). It explains issues including what makes a contract, what constitutes different types of contract and how to approach the legal requirements of contracts.