Paragraph 2.27 of the Agenda for Change agreement provides a four-year protection period for local or national on call arrangements. Issues have risen regarding what is protected. The whole of an on call agreement is protected, including overtime payments. Therefore, where an agreement includes overtime rates at double time, this is protected and the harmonised Agenda for Change overtime rate of time-and-a-half which is paid for all overtime except Bank Holidays does not apply.
This issue has been raised at national level and with the Early Implementers who confirm that the protection of the call arrangement is applied to all parts of these on call agreements.
Where employers attempt to pay overtime at the harmonised rate where the on call provides for a higher rate when on call, this should be rejected.