Your employment contract

Your employment contract starts as soon as you accept a job offer, even before anything is written down. Since 6 April 2020, employees and workers have had a legal right to a written statement of the main terms of their job on or before their first day. In the public sector, much of the detail is not in the document you sign but in national agreements it refers to, such as the NHS Terms and Conditions Handbook, the Green Book for councils or the School Teachers’ Pay and Conditions Document.

What a contract is

A contract of employment is the agreement between you and your employer. It is made up of:

• express terms: what is written down or agreed out loud, such as pay, hours and holiday
• incorporated terms: terms pulled in from other documents, such as collective agreements, handbooks and some policies
• implied terms: terms the law reads in, such as the duty of mutual trust and confidence
• statutory rights: minimum rights you get anyway, such as 5.6 weeks’ paid holiday and the National Minimum Wage

Your contract cannot take away statutory rights. A term giving you less than the legal minimum is unenforceable.

The day-one written statement

On or before your first day, you must be given a written statement that includes at least:

• the names of employer and employee, and your start date
• the date your continuous employment began, if it started with an earlier employer
• your job title or a brief description of the work
• where you will work
• pay: the amount or how it is worked out, and how often you are paid
• your hours and days of work, and whether they can vary
• holiday entitlement, including public holidays
• any other paid leave
• other benefits, such as non-contractual allowances or vouchers
• any probation period, with its conditions and length
• notice periods, for you and your employer
• how long the job is expected to last, if it is temporary or fixed-term
• any training you must complete, including training the employer will not pay for

Some other details, such as pension arrangements, collective agreements and disciplinary rules, can be given later or in a separate document, but you must still be told them. The gov.uk page lists exactly what goes where.

If you do not get a written statement, you can ask for one. If your employer still does not provide it, you can apply to an employment tribunal, which can decide what the terms should have been. Where you bring another successful claim, such as unfair dismissal, the tribunal can also award extra compensation for a missing or incomplete statement.

How public sector contracts work

Public sector contracts are usually short documents that refer out to national terms. Common examples:

• NHS Agenda for Change staff: the NHS Terms and Conditions of Service Handbook covers pay bands, annual leave, sick pay, unsocial hours and more.
• Council and school support staff: the NJC “Green Book” covers pay spine points, leave and sick pay, with local variations set by each council or trust.
• Teachers in maintained schools in England: the School Teachers’ Pay and Conditions Document sets pay and working time, and the “Burgundy Book” covers sick pay, maternity pay and notice.
• Civil servants: departmental terms and the Civil Service Management Code.

These terms change when the national agreement changes, often after a pay award. That is why your pay can go up without you signing anything new. Academies and some outsourced services can set their own terms, though many copy the national ones. Read the contract to see which documents it says apply.

Probation and offers

A job offer in the public sector is often conditional on references, a DBS check, occupational health clearance and right to work checks. If a condition is not met, the offer can be withdrawn. See conditional job offers.

Most new starters also serve a probation period, during which notice may be shorter. Our probation periods guide explains how they work.

Changing your contract

Changes to your terms normally need your agreement. Your employer can make changes without it only if the contract clearly allows that kind of change or the change comes through a collective agreement that is part of your contract. Small changes are often agreed by letter.

If your employer tries to impose a change, you can object in writing and, in some cases, claim for any pay lost. Dismissing staff who will not agree and re-employing them on new terms is known as fire and rehire, and new protections are due from January 2027.

Ending a contract

Either side can end the contract by giving notice. The legal minimum from your employer is one week after one month’s service, rising to one week for each complete year from two years, up to 12 weeks after 12 years. Your contract will often give more. Teachers in maintained schools in England and Wales have fixed resignation dates. See notice periods.

Keep a copy of your written statement, your offer letter and any letters changing your terms. If a dispute comes up about pay, hours or holiday, those are the documents ACAS, your union or a tribunal will want to see.