Structure of the Agreement
The model agreement comprises seven clauses: Scope & Subject Matter, Recording of Working Time, Maximum Working Hours & Rest Periods, Availability, Overtime, Monitoring & Evaluation, and Term & Termination.
The structure adheres strictly to the legal framework established under the Working Time Regulations 1998 (WTR 1998) and principles established by the European Court of Justice (ECJ ruling C-55/18 CCOO v Deutsche Bank): While day-to-day autonomy over working hours rests with employees, the duty to log daily working hours is explicitly delegated, whereas the overarching statutory responsibility for providing an objective, reliable, and accessible recording system and monitoring health and safety compliance remains with the employer under Regulation 9 of the WTR 1998.
What You Should Keep in Mind When Customising
- Clause 2 (Time Recording): Specify the exact system to be used (e.g. PlainStaff). Delegating the recording obligation to the employee without providing an objective, reliable, and accessible recording tool does not satisfy the employer's statutory obligations under Regulation 9 WTR 1998 and National Minimum Wage Act 1998 record-keeping duties.
- Clause 4 (Availability): Define core service/contact windows clearly. Without this clause, informal or de facto on-call expectations may arise that disrupt statutory daily rest periods (a minimum of 11 consecutive hours of uninterrupted rest in each 24-hour period under Regulation 10 WTR 1998).
- Clause 5 (Overtime): Blanket overtime clauses must ensure that average pay does not fall below the National Minimum Wage / National Living Wage for total hours worked, nor breach the 48-hour average weekly limit over the 17-week reference period unless a valid individual 48-hour opt-out agreement (Regulation 5 WTR 1998) has been signed. Balancing excess hours via a time off in lieu (TOIL) or working time account arrangement is the legally secure option.
- Clause 6 (Evaluation & Monitoring): In organisations with recognised trade unions or formal employee consultative bodies under the Information and Consultation of Employees (ICE) Regulations 2004, individual agreements cannot override mandatory collective agreements or statutory consultation duties.