Briefcas EMPLOYMENT
Student veterinary nurses
Contracts for student veterinary nurses differ from those for registered veterinary nurses as they comprise a tripartite agreement between the student , the employer and the training provider . However , they should still include the express terms already listed in this article , along with details relating specifically to the training , such as :
• the length of the course , including final assessments
• the amount of time allowed for study
• what is expected of the student when the training provider has a study break
• details of any assessments that will be carried out
• the response to a failure to meet the course standards
• whether the employment will continue after the course has been completed
• a training payback agreement , if applicable .
Training payback agreements are common when employers fund their employees ' training . These agreements often require employees to repay their training costs if they leave the employer within a specified time frame . Payback agreements typically use a sliding scale , where the repayment amount decreases over time : for example , 75 % if leaving within 3 months of completing training , 50 % if leaving within 6 months and 25 % if leaving within 9 months . The terms are usually detailed in the employment contract or handbook , or in a standalone agreement .
The principal statement and the wider written statement form the ‘ written statement of employment particulars ‘, which can be the basis for the contract of employment .
Express and implied terms
The terms referred to in the contract of employment are known as the ‘ express ’ terms of the contract – they are clearly written down and , after careful consideration , are agreed , and the contract is signed by the employee and the employer .
However , not all terms are written into the contract . Some terms of employment are referred to as ‘ implied ’ terms , but they can be just as binding as those that are written down .
Some implied terms are common sense and relate to the laws of the land and , as such , do not need to be written into the contract . For example , an employee should not steal from their employer , or , if an employee is required to drive to fulfil their role , they should have a valid driving licence . Other implied terms place a duty on the employer . For example , under employment law in the UK , employees are entitled to a minimum of 5.6 weeks of paid holiday , and they have the right to be safe at work and to be provided with a safe working environment . Other implied terms , however , are not so straightforward and are known as ‘ custom and practice ’.
Custom and practice occurs when an employee alters their working day or normal range of tasks , incidentally at first , but the change then becomes the norm . For instance , an employee needs to get the bus to work but the bus timetable has changed , meaning that they will arrive at work at 6.45 am rather than the contractual start time of 6.30 am . Following a conversation with their line manager , a reasonable adjustment is made and it is verbally agreed that the employee can start at 6.45 am and will not be considered late . This status quo continues for a year or so and the line manager changes a couple of times . Unaware of the verbal agreement made with a former line manager , a new line manager questions the employee ' s arrival time , which differs from their contractual start time . Because the employee has been arriving at 6.45 am for a suitable period of time , it has become ‘ custom and practice ’ and is considered to be the new contractual start time and an implied term . Further changes to this term , for example , to revert to 6.30 am , would involve a consultation period .
For the avoidance of doubt , any change to the terms and conditions of your contract of employment should ideally be agreed in writing between you and your employer , whether the change be large or small , ongoing or for a limited period of time . This written change would be known as an amendment to your contractual terms , and would be binding on both you and your employer .
Further information
Visit https :// www . gov . uk / employmentcontracts-and-conditions
For free advice on any employment-related matters , BVNA members can contact the BVNA Members Advisory Service ( BMAS ) by email at advisoryservice @ bvna . co . uk or call for a confidential chat on 01822 870270 , quoting your BVNA membership number .
Volume 40 ( 1 ) • February 2025
9