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Employment Contracts for Teachers as Professional Employees

22 Pages Posted: 2 Nov 2009  

David Mangan

The City Law School of City University London; York University - Osgoode Hall Law School

Date Written: October 20, 2009

Abstract

In England and Canada there is a ‘professional’ nuance to teachers’ employment. Jurisprudence in both countries suggests a deliberate expansion of what reasonable expectations education employers have of their teacher employees. Teachers’ claim to professional status forms the basis for this expansion of teachers’ duties. The function of this long-held interpretation constitutes a further step in the contractualisation of teachers’ work. A hallmark of reforms dating back to the 1970s has been the increasing prescription of teachers work, a point which remains at odds with the claimed professional status. The age of the relevant cases hints that contractual flexibility has been a tool during times of reform. The result is that teachers’ employment contracts are understood as professional-level contracts, which means (to the courts) that not all duties must be spelled out in the contract. In fact, professional-level contracts cannot possibly include such an itemisation. Teachers are left with a series of lost decisions which reinforce not only their professional status (though in an unintended manner), but also unequivocally identify them as employees who are expected to follow all reasonable expectations of their education employers.

Suggested Citation

Mangan, David, Employment Contracts for Teachers as Professional Employees (October 20, 2009). LSE Legal Studies Working Paper No. 21/2009. Available at SSRN: https://ssrn.com/abstract=1491613 or http://dx.doi.org/10.2139/ssrn.1491613

David Mangan (Contact Author)

The City Law School of City University London ( email )

London, EC1V OHB
United Kingdom

HOME PAGE: http://www.city.ac.uk/people/academics/david-mangan

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

HOME PAGE: http://www.osgoode.yorku.ca/faculty-and-staff/mangan-david/

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