Waiter/Waitress Employment Agreement Template

Waiter/Waitress Employment Contract


This Waiter/Waitress Employment Contract is compliant with the Employment Rights Act 1996, the Employment Act 2002 and the Working Time Regulations 1998.

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 Employment Contract is designed for members of staff working in catering environments as waiters or waitresses. In addition to most of the standard employment provisions, the contract contains specific relevant clauses relating to smoking at work, drug and alcohol policies, dress code, security and stock control, and the employer’s rights of search.

This contract includes a clause preventing the staff member from taking on any additional paid work with another employer, without first having obtained the written approval of the Company. There is also an optional clause which refers to an external policy document dealing with tips and gratuities.

The Pension Act 2014 has introduced a new state pension for people reaching state pension age on or after 6 April 2016, replacing the previous basic state pension and additional state pension and ending contracting out for defined-benefit schemes. This employment contract has been updated accordingly with the removal of the clause referring to the contracting out certificate.

This Waiter/Waitress Employment Contract contains the following clauses:-

1. General
2. Duties and Job Title
3. Date of Commencement/Continuous Employment
4. Place of Work
5. Hours of Work
6. Remuneration
7. Holidays
8. Sickness Absence
9. Smoking
10. Security & Stock control
11. Right of Search
12. Dress Code
13. Drug & Alcohol Policy
14. Maternity and Paternity Rights
15. Other Work
16. Pension
17. Confidentiality
18. Collective Agreements
19. Grievance Procedure
20. Disciplinary Procedure
21. Data Protection
22. Changes to Terms and Conditions of Employment
23. Severability
24. Governing Law and Jurisdiction

This contract  is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes. 

Clauses with optional and alternative phrases
Options and alternatives appear in blue font. The way in which this document is designed ensures that it will make sense with or without the optional clauses. Tailor this contract by removing all phrases and clauses which are not relevant to your business. Once you have finished, please remember to highlight the whole document and switch the font colour to black.

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