Basic Employment Contract with Standby/On Call Clause
This Basic Employment Contract with Standby/On Call Clause can be applied to a wide variety of jobs.
Standby and call-out allowances may be necessary on account of the nature of the job or in order to provide a degree of flexibility. Where applicable, standby rates should be specified in the employee's employment contract. Rates for actual call-out (as opposed to standby) may be paid for separately at a higher rate to include travelling time and, again, should be specified in the employee's employment contract.
Employers should be aware that, if an employee is called out frequently, there could be a breach of the working hours provisions in the Working Time Regulations 1998, unless the employee has signed an agreement consenting to opt-out of the right to restrict his or her working hours to no more than an average of 48 hours a week.
This employment contract has a General Data Protection Regulation (GDPR)-compliant data processing clause. After 25 May 2018, employers must use this clause, as employers will not be able to rely on the existing generic consent clauses.
This contract is compliant with ERA 1996, the Employment Act 2002 and the Equality Act 2010 and contains the following clauses as per the requirements of Section One of ERA 1996:
- Duties and Job Title
- Date of Commencement/Date of Continuous Employment [and Notice Period]
- Place of Work
- Hours of Work
- Standby Allowance
- Sickness Absence
- Non-Compulsory Retirement
- Restrictions and Confidentiality
- Collective Agreements
- Grievance Procedure
- Disciplinary Procedure
- Data Protection
- Changes to Terms and Conditions of Employment
- Governing Law and Jurisdiction
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