Written Statement for Education Employees

Schools, academies, colleges, and nurseries must give every teacher, teaching assistant, and support worker a written statement of employment particulars under Section 1 of the Employment Rights Act 1996, on or before their first day. Term-time only is a working pattern, not a separate legal status, so the requirement applies in exactly the same way as it does to a full-year employee. Build a compliant statement below, then read the education-specific clauses and examples underneath.

✓ Updated July 2026

Employment Rights Act 1996, s.1

STPCD & NJC Green Book

UK-wide

✓ Required for teachers, TAs and support staff✓ Covers term-time only and academic year pay✓ Free wizard, paid clean PDF from £9.99

Hiring for a specific arrangement instead? See Fixed Term Contract Written Statement or Written Statement for Part-Time Employees.

Education Written Statement Builder

Enter employer, employee, pay, and working pattern details on the left, and watch the statement build on the right. Free download with watermark, or £9.99 for a clean copy. Add the education-specific clauses from the checklist below before you issue it.

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Do School Employees Need a Written Statement?

Yes. Every teacher, teaching assistant, administrative worker, and support worker employed by a school, academy trust, college, or nursery is entitled to a written statement of employment particulars under Section 1 of the Employment Rights Act 1996, from their first day of work. This applies regardless of whether the role is full-year, term-time only, fixed-term, or part-time.

Term-time only is a description of when the work happens. It affects how pay, hours, and holiday are calculated, but it does not create a separate legal category of employee and does not remove or shorten the written statement requirement. A term-time only teaching assistant working 38 weeks a year has exactly the same right to a day-one written statement as a full-year site manager.

📌 The short answer

Every education employee needs a written statement on or before their first day. Term-time only, fixed-term, and part-time arrangements change the wording on pay and hours, not whether the statement is required.

Term-Time Only vs Full-Year vs Fixed-Term Contracts

The written statement requirement is identical across all three. What changes is how weeks worked, pay, and holiday are described.

Factor	Full-Year	Term-Time Only	Fixed-Term
Weeks worked per year	All 52 (pro-rated for part-time hours)	Usually 38–39, matching the school term dates	Set number of weeks or until a defined end event
Pay basis	Annual salary, paid monthly	Annual salary averaged over 12 months, or paid only in working weeks	Annual salary, pro-rated to the fixed term
Written statement required	Yes, from day one	Yes, from day one — same requirement, not a separate status	Yes, from day one
Holiday entitlement	Statutory 5.6 weeks, or contractual equivalent	Usually built into the non-term weeks; must still meet the 5.6-week statutory minimum	Pro-rated to the length of the fixed term
Notice period	Statutory minimum or contractual, whichever is longer	Same as full-year staff — term-time status does not shorten notice	Per contract, subject to any break clause

Academic Year Contracts Explained

An academic year contract runs from the start of one autumn term to the start of the next, rather than a calendar year. Most school staff, both teaching and support, work to this cycle regardless of whether their role is full-year or term-time only. The academic year cycle affects the working pattern; it is separate from the question of whether the role is permanent or fixed-term.

Two pay methods are common for term-time only roles. The first pays the actual weekly rate only in working weeks, so pay stops during school holidays except for accrued holiday pay. The second averages the annual salary evenly across all 12 months, so pay stays consistent whether or not school is in session. Both are lawful; the written statement should state clearly which method applies, since the two produce different monthly figures for the same underlying role.

Whichever method is used, the holiday entitlement built into the arrangement must still meet the statutory 5.6-week minimum. A school that only checks the total annual salary, without separately confirming the holiday calculation, can end up under-providing holiday pay for a genuinely part-year role.

Teachers vs Support Staff

Teachers and support staff sit under different national pay frameworks. The written statement should reference whichever one actually applies to the role.

Teachers

Teachers in maintained schools are covered by the School Teachers' Pay and Conditions Document (STPCD), published annually by the Department for Education. STPCD is binding on maintained schools and sets pay ranges, directed time, and statutory induction requirements for newly qualified teachers. Academies are not legally bound by STPCD, but the great majority adopt equivalent or closely aligned terms.

Support Staff

Support staff, including teaching assistants, administrators, and site staff, are usually covered by the NJC National Agreement on Pay and Conditions of Service, known as the Green Book, negotiated between local government employers and trade unions. Most maintained schools and many academies use the Green Book pay spine even where they are not required to.

Source: GOV.UK — School Teachers' Pay and Conditions Document ↗

Mandatory Employment Particulars

These are the particulars required under Section 1 of the Employment Rights Act 1996, applied to an education role.

Clause	Why it's required
Employer name	The school, academy trust, college, or nursery the employee is contracted to.
Employee name and job title	Confirms who the statement covers and the role, for example class teacher, teaching assistant, or exams officer.
Start date	Fixes the point continuous employment begins.
Pay and pay interval	Monthly is standard in education. State whether pay is spread across 12 months or paid only in working weeks.
Hours of work and working pattern	State the actual weekly hours and whether the role runs the full year, term-time only, or to a fixed end date.
Holiday entitlement and holiday pay	Must meet the statutory 5.6-week minimum, however the school's holiday periods are structured around it.
Notice period	What notice either party must give to end the contract.
Place of work	The school or site the employee is based at, including whether they can be required to work at other sites within a trust.
Sickness absence and sick pay	Reference to the applicable sick pay scheme, whether STPCD, the Green Book, or an academy's own policy.
Pension scheme	Teachers are usually eligible for the Teachers' Pension Scheme; support staff are usually eligible for the Local Government Pension Scheme.

Source: Employment Rights Act 1996, Section 1 — legislation.gov.uk ↗ · GOV.UK — written statement of employment particulars ↗

Education-Specific Clauses

Beyond the standard Section 1 particulars, an education statement should cover the points specific to working with children and to school pay frameworks.

1. Safeguarding responsibilities

State that the role is subject to the school's safeguarding policy and to Keeping Children Safe in Education, and that continued employment depends on maintaining a satisfactory enhanced DBS check.

2. Probationary period

Many schools use a longer probationary period than standard, particularly for newly qualified teachers completing statutory induction. State the length and what happens if the induction period is not passed.

3. Pay framework reference

For teachers in maintained schools, reference the School Teachers' Pay and Conditions Document, which is binding on the school. For support staff, reference the NJC Green Book, which most maintained schools and academies adopt even though academies are not legally bound by it.

4. Directed time and TLR payments

Teachers' contracts under STPCD are built around directed time, the hours a teacher can be required to work under the head teacher's direction. Where a Teaching and Learning Responsibility payment applies, state the TLR level and what it is paid for.

5. Term-time only working pattern

Set out the working pattern as a description of when work happens within an otherwise ordinary contract, not as a separate legal status. State the weeks worked and how annual pay is calculated across those weeks.

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Teacher Written Statement Example

A worked example for a full-time, term-time only class teacher at a primary academy. Names, figures, and the school are fictional.

1Employer— Ashfield Academy Trust, trading as Ashfield Primary School.

Where a school is part of a multi-academy trust, the employer is usually the trust, not the individual school.

2Employee— Rebecca Hollis, Class Teacher (Year 4).

Job title matches the role actually being performed, not a generic label.

3Start date— 1 September 2026.

Matches the date the employee actually begins duties, which is usually the start of the academic year.

4Pay— £31,650 per year (Main Pay Range M3), paid monthly on the last working day of each month, under the School Teachers' Pay and Conditions Document.

STPCD sets the pay ranges for maintained schools; academies may adopt the same ranges or their own.

5Working pattern— Full-time, term-time only, 195 working days per year including 5 INSET days, in line with the school's published term dates.

The 195-day figure is the standard STPCD teacher working year.

6Holiday— Built into the school holiday periods; confirmed as meeting the statutory 5.6-week minimum.

Even where pay is spread over 12 months, holiday entitlement must not fall below the statutory floor.

7Safeguarding— Employment is conditional on an enhanced DBS check and compliance with the school's safeguarding policy.

Standard for any role with regular contact with children.

Teaching Assistant Written Statement Example

A worked example for a term-time only teaching assistant at the same school. Names, figures, and pay points are fictional.

1Employer— Ashfield Academy Trust, trading as Ashfield Primary School.

Support staff are usually employed by the same entity as teaching staff within a trust.

2Employee— Michael Osei, Teaching Assistant (Level 2).

Level and grade match the NJC pay spine point the role is graded at.

3Start date— 1 September 2026.

Confirms when continuous service and any probationary period begin.

4Pay— NJC pay spine point 7, £12.68 per hour, paid monthly, under the Green Book (National Agreement on Pay and Conditions of Service).

Most maintained schools and many academies use the NJC Green Book pay spine for support staff, even where not legally required to.

5Working pattern— Term-time only, 32.5 hours per week, 38 weeks per year.

Term-time only is the working pattern here, not a separate employment status; the employee remains an ordinary permanent employee.

6Holiday— Calculated at 5.6 weeks pro-rated to the weeks actually worked, paid as an addition to term-time pay.

Where hours or weeks are irregular across the year, the calculation should be checked against the statutory minimum rather than assumed.

7Safeguarding— Employment is conditional on an enhanced DBS check and compliance with the school's safeguarding policy.

Applies equally to teaching and non-teaching roles with pupil contact.

Source: LGA — NJC Green Book pay agreements ↗

Common School Employer Mistakes

1. Treating term-time only as a different legal status

Term-time only describes a working pattern within an ordinary employment contract. It does not remove or alter the Section 1 requirement, and it does not by itself make someone a different kind of employee from a full-year colleague in the same role.

2. Averaging pay without checking the holiday entitlement underneath it

Spreading an annual salary evenly across 12 months is common practice, but the statutory 5.6-week holiday minimum still applies. A school that only checks the headline salary can end up under-providing holiday pay for a genuinely part-year role.

3. Applying STPCD terms to an academy without checking its own policy

Academies are not bound by the School Teachers' Pay and Conditions Document. Many choose to mirror it, but the written statement should reflect what the academy has actually adopted, not assume STPCD applies by default.

4. Leaving out the safeguarding and DBS clause

A role involving contact with children should state that employment depends on a satisfactory enhanced DBS check. Omitting this leaves the position unclear if a check later raises a concern.

5. Confusing directed time with total working hours

For teachers under STPCD, directed time is the maximum hours a head teacher can direct a teacher to work; it is not the same as the teacher's total working time, which also includes preparation and marking outside directed hours. The statement should reflect this distinction rather than stating a single figure as if it covered everything.

6. Issuing the statement after the autumn term has already started

Section 1 requires the statement no later than the employee's first day. A start date tied to the start of an academic year is still a specific date, and the statement needs to be ready before it, not once the term is already underway.

Education Compliance Checklist

✓Confirmed whether the role is full-year, term-time only, or fixed-term

✓Employer, employee, and job title stated correctly

✓Pay basis stated clearly: averaged over 12 months, or paid only in working weeks

✓Working pattern states actual weeks or days worked per year

✓Holiday entitlement checked against the statutory 5.6-week minimum

✓Correct pay framework referenced: STPCD, the NJC Green Book, or the employer's own policy

✓Safeguarding and DBS clause included for roles with pupil contact

✓Probationary period stated, including statutory induction where relevant for new teachers

✓Notice period stated and matches the employee's length of service

✓Statement issued on or before the employee's first day, and a dated copy kept on file

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About This Guide

🔄

Updated July 2026

Reflects Section 1 of the Employment Rights Act 1996, the current School Teachers' Pay and Conditions Document, and the NJC Green Book.

🇬🇧

UK-wide

The Section 1 written statement requirement applies across England, Scotland, Wales, and Northern Ireland. STPCD applies to maintained schools in England; support staff pay frameworks vary by nation and by local authority.

⚠️

Not legal advice

This page gives general information. For a role with unusual terms, or a dispute already underway, get advice from a qualified employment solicitor.

OfficeDraft Legal Team

This guide was built by cross-referencing Section 1 of the Employment Rights Act 1996, the current School Teachers' Pay and Conditions Document, and the NJC Green Book against the fields collected in the generator above. Reviewed July 2026.

About OfficeDraft →

External references: Employment Rights Act 1996, Section 1 — legislation.gov.uk · GOV.UK — School Teachers' Pay and Conditions Document · GOV.UK — written statement of employment particulars · LGA — NJC Green Book pay agreements · ACAS — workplace advice · Find a solicitor — Law Society

Last updated: July 2026 · Editorial review: July 2026 · Author: OfficeDraft Legal Team

Frequently Asked Questions

How do I create a written statement for school staff?▾

Use the generator on this page to enter the employer, employee, role, pay, and hours. For a term-time only role, state the actual working pattern and how annual pay is calculated across the year. The statement must still cover every particular required under Section 1 of the Employment Rights Act 1996 and must be given no later than the employee's first day.

What clauses should education employers include?▾

Beyond the standard Section 1 particulars, education employers typically add a safeguarding responsibilities clause, confirmation of an enhanced DBS check, a probationary period, and a reference to the pay framework that applies: STPCD for teachers in maintained schools, or the NJC Green Book for support staff.

How should term-time only contracts be documented?▾

Record the actual weeks worked per year, the annual salary if pay is averaged across 12 months, or the reduced weekly pay if pay is only made during term time, and how holiday entitlement is calculated. Label the arrangement as a working pattern within a permanent or fixed-term contract, not as a separate type of employment status.

What should be included for teachers and support staff?▾

Teachers' statements typically reference STPCD, directed time, and any TLR payment. Support staff statements typically reference the NJC Green Book, the relevant pay spine point, and term-time only hours where applicable. Both need the same core Section 1 particulars: pay, hours, holiday, notice, and place of work.

Is there an education employment contract template?▾

This page provides a generator built for education roles, covering teachers, teaching assistants, administrative staff, and support workers under full-year, term-time only, fixed-term, and part-time arrangements. It produces a written statement of particulars, which is what Section 1 requires as a minimum.

Related Guides & Tools

⚠ Legal disclaimer

OfficeDraft's education written statement generator helps schools, academies, colleges, and nurseries produce a statement covering the particulars required under Section 1 of the Employment Rights Act 1996. This page and the generator provide general legal information and do not constitute independent legal advice. Names, figures, and pay points in the worked examples above are fictional. If a role has unusual terms, or a dispute is already in progress, get advice from a qualified employment solicitor. A directory of solicitors is available at solicitors.lawsociety.org.uk.

Generate Your Education Written Statement

Enter employer, employee, pay, and working pattern details, and download a Section 1 compliant document for a teacher, teaching assistant, or support worker. Free with a watermark, or £9.99 for a clean copy.

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UK-wide · Section 1 format · Free download available