Contracts

The importance of written contracts 

We strongly advise that you have a written contract for every student you bill directly and with every school where you teach. This ensures your rights and obligations (and those of your students or their parents) are clearly set out and reduces the scope for later dispute.

What should go into a contract? 

Examples of what to include in a written agreement include: 

  • the names and addresses of the parties to the contract 
  • when and where lessons are to take place and their frequency 
  • your fee 
  • provision for fee reviews and increases 
  • payment for missed lessons 
  • the notice required to terminate lessons on either side and the obligation to give and pay for lessons during the notice period and 
  • a right for the student or parent to cancel the contract within 14 days of its being agreed.

What contract should I use? 

The ISM provides template contracts for self-employed teachers to use. These can be adapted if necessary to suit individual needs. Some private teachers use a studio policy which sets out terms and conditions which apply to anyone who undertakes lessons with that teacher. However, if you use such a policy, it is important to obtain active agreement to the terms and conditions and not just leave them on your website and expect them to apply to all students. It is important to note that schools should not compel their self-employed visiting music teachers and their students’ parents to use a specific form of contract.

Contracts between self-employed visiting music teachers (VMTs) and schools 

Even if you are self-employed, we strongly recommend that you have a written contract with your school as well as with your students’ parents. Topics the former should cover include: 

  • the school’s obligation to provide teaching facilities 
  • the way in which the school will allocate pupils to you 
  • the school’s commitment to promote your services and introduce you to students 
  • the extent of your obligation to teach students allocated to you 
  • what insurances you need 
  • any room hire charges and 
  • the notice period for termination

Contracts for employees or workers 

All employees and workers have the right to what is termed a written statement of particulars of employment. Some particulars must be provided by the beginning of employment or engagement and must be contained in a single document. Other particulars may be contained in a reasonably accessible document that is referred to in the statement of particulars. Other information may be given in instalments but no later than two months after the employment or engagement has begun. Information that must be given by the start of the employment or engagement in a single document: 

  • the names of the employer and employee or worker 
  • the date the employment or engagement began 
  • for employees, the date on which the period of continuous employment began 
  • pay or the method that pay is calculated 
  • the interval at which pay is made (i.e. weekly, monthly or any other method) 
  • job title 
  • whether or not the employment or engagement is expected to be permanent and if it is not permanent when it will end 
  • any probationary period 
  • normal working hours 
  • the days of the week on which the employee or worker is required to work 
  • whether or not hours or days may be variable and how they may vary or how that variation is determined. 
  • entitlement to paid holiday 
  • the notice period for either party to terminate the contract 
  • place of work 
  • provisions if the employer or worker is required to work outside the UK for more than one month 
  • any requirements for training and whether it will be paid for by the employer or engager

Information that must be provided in a reasonably accessible document: 

  • sick leave and pay 
  • other paid leave in addition to paid holiday 
  • any pension arrangements 
  • any training entitlement 

Particulars of the following may be given in installments but must be given no later than two months after the employment or engagement has commenced: 

  • any pension arrangements 
  • any collective agreements which directly affect the terms and conditions 
  • any training entitlement 
  • any disciplinary or grievance rules and procedures applicable to the employee or worker and how decisions can be appealed 

Once the contract has commenced and if there is a change to any of these particulars the employer or engager must give the employee or worker a written statement containing particulars of that change.

Variable or zero hours contracts 

VMTs are often engaged under contracts which state that their hours of work are variable and that there is no guarantee of any actual work. In such circumstances it is sensible to make sure your working hours are fixed by mutual agreement between you and your employer or engager on a term-by-term basis, so that you have a clear idea of when you will be available for other work. It is unlawful for an employer employing you on a zero hours contract to restrict your ability to work elsewhere. ISM members with concerns about any contract should contact the ISM legal team.

This advice has been written for teachers in the UK. If you live outside of the UK, please refer to your local organisations for advice. Visit ism.org for more information. 

Last modified: Monday, 25 March 2024, 9:06 AM