Part 7 Miscellaneous Conditions
Standby duty
21.-(1) A worker who is on standby duty shall, without prejudice to the application of any other provision of this Order, be paid, for each hour of such duty, an appropriate sum no less than the sums specified at articles 5 and 6.
(2) For the purpose of this article standby duty occurs when an employer agrees with a worker that the worker will be contactable by a method agreed between the employer and worker, and able to reach the place where he may be required to work within a given time agreed between the employer and worker so as to be available for work or when a worker is required by his employer to wait at or near home for the employer to decide if the worker is needed or for any other purpose specified by the employer on a day-
(a) on which he is not contractually obliged to work,
(b) which his employer has agreed in advance would be a holiday to which the worker was entitled in accordance with article 9, or
(c) which is a holiday in accordance with article 10.
(3) Where a worker, who has been on standby duty on a day on which he was not contractually obliged to work, is called upon by his employer to work on that day the minimum hourly rate of wages payable to him for each hour so worked shall be calculated, as appropriate, in accordance with the formulae set out in articles 8, 9(10) or 13.
Pension contributions
22.-(1) Subject to paragraph (2) below, where a worker has intimated, in writing, to his employer that he wishes a sum, not less than £4 per week, to be deducted from his wages and paid to the managers of a pension scheme, his employer shall deduct and remit that sum on his behalf until either the worker's contract of employment has come to an end or the worker intimates in writing that deduction and payment is no longer to be made.
(2) Paragraph (1) shall not apply unless the worker either-
(a) has been continuously employed by that employer for a period of more than 10 weeks, or
(b) is at the time of intimation already a member of a pension scheme.
Training in health and safety matters
23.-(1) A worker who has been continuously employed for more than 10 weeks by the same employer shall, during each holiday year be entitled, and may be obliged by his employer, to attend for training on subjects related to his employment and which have a special emphasis on health and safety at work.
(2) The period of training which a worker is entitled, or may be obliged, to attend under this article may be undertaken in one or a number of courses throughout the holiday year, extending in total to 2 days.
(3) Where, in the course of any holiday year a worker is unable to attend for training by reason of injury or ill health or any absence authorised by the employer, the worker may exercise that entitlement, or be required to attend, within the first 4 months of the following holiday year.
Expenses of attendance
24.-(1) The cost of any training course of the kind specified in article 23 shall be borne by the employer.
(2) The employer shall reimburse the worker's reasonable travel, subsistence and board and lodging expenses necessarily incurred in attending such a course.
Dog allowance
25.-(1) Where a worker is required for the performance of his duties to keep, and feed, a dog, his employer shall reimburse his costs by the payment to him of an allowance of no less than £4.33 per week.
(2) The allowance referred to in paragraph (1) above shall be payable for each of up to 4 dogs.
Weather protective clothing
26.-(1) A worker shall be provided, by his employer, with such of the following items of weather protective clothing as may be necessary for the proper performance of his duties-
(a) wellington boots;
(b) PVC coat;
(c) PVC leggings;
(d) PVC gloves.
(2) Subject to paragraph (3) below, weather protective clothing provided in accordance with paragraph (1) above shall be kept in good repair, and replaced where incapable of repair and no longer fit for its purpose, by, and at the expense of, the employer.
(3) Weather protective clothing lost or damaged as a result of the fault or negligence of the worker to whom it was provided shall be repaired or replaced at the expense of that worker.
Time sheets
27.-(1) Subject to paragraph (2) below, every worker to whom this Order applies shall be provided by his employer with time sheets on which the worker shall record his daily hours of work or other activity in respect of which payment at a minimum rate under this Order requires to be made.
(2) This article shall not apply to an employer who operates an automatic system to record the working hours of his workers.
(3) Time sheets which have been completed and tendered by a worker to his employer shall be retained by the employer for 3 years.
Payment of wages
28. All wages payable to a worker in respect of any day in accordance with articles 5 to 8 shall be paid to him on the contractual pay day referable to that day.