On Call - Working time/rest breaks

[cwo]

Hello

I am an assistant manager at a residential conference centre with a full time permanent contract.
It is a requirement of my job that I live on-site and private accommodation is provided in addition to my salary (connected to the conference centre).
My contract states that I am on-call/standby 4 nights a week (unpaid) in addition to my working hours, and I must remain on-site during this time (often from 9pm - 6.30am).

My question is - Should the time spent on call be classed as working time (as I need to be physically present, and my freedom is limited) and therefore statutory rest breaks should be provided, or is it not working time as I am at home - even though my home is at work and I must remain there?

I have tried to raise this informally with my manager and HR director, and got multiple "we'll get back to you" messages with no follow ups.

Any help with this would be appreciated please!

Thank you

 

[IanSuth]

Being on call - Working time rules - Acas

Working time rights for on-call employees and those who sleep in their workplace.

www.acas.org.uk

There have been various court cases on this and it seems to flip[ flop on whether sleep in hours are or aren't subject to min wage legislation. I have no idea the current state of play

 

[Paul Kelly ICHYB]

Not a legal opinion, but being on call is not actually working, but it restricting.

If you are called, are you paid for that?

BTW, you did sign the contract, so understood the ramifications.

 

[cwo]

Being on call - Working time rules - Acas

Working time rights for on-call employees and those who sleep in their workplace.

www.acas.org.uk

There have been various court cases on this and it seems to flip[ flop on whether sleep in hours are or aren't subject to min wage legislation. I have no idea the current state of play

Thanks for your reply... It's the flip/flopping that seems to be the issue in not getting a clear response!

 

[MBE2017]

I thought being on call was normally financially rewarded, even if you do not get called. I sure some HR person will be along shortly, but what does your contract state?

 

[cwo]

Not a legal opinion, but being on call is not actually working, but it restricting.

If you are called, are you paid for that?

BTW, you did sign the contract, so understood the ramifications.

Yeah I can claim the hours back in lieu if I'm called.
I should have been clearer sorry - it's not the pay that I have an issue with but the lack of 11 hours uninterrupted rest between shift and restriction of freedom (if its clashed as working time).

My contract doesn't clearly state the rules surrounding being on call - previously we were told we could be staying within 30 minutes of the site - this has since changed to physically remaining on site...nightmare when you run out of teabags haha

 

[ctrlbrk]

This sounds something @Newchodge could probably advise on.

 

[Newchodge]

This sounds something @Newchodge could probably advise on.

Thanks

It is something I struggle with and it is not straightforward. If you are in your own home and, generally, free to do whatever you like, it is probably not working time.

Whether you are enttiled to the 11 hour break betwen shifts depends a bit on what you are doing. Some occupations, such as security are not covered by those rules.

 

[Employment Law Clinic]

My question is - Should the time spent on call be classed as working time (as I need to be physically present, and my freedom is limited) and therefore statutory rest breaks should be provided, or is it not working time as I am at home - even though my home is at work and I must remain there?

The law in this area is quite complicated, but as it has a Wikipedia page, perhaps that’s an easy-to-read resource: https://en.wikipedia.org/wiki/Royal_Mencap_Society_v_Tomlinson-Blake (the Supreme Court judgment, for those that want to read the whole thing: https://www.bailii.org/uk/cases/UKSC/2021/8.html)

The short answer is no, being on call is not working time.

Yeah I can claim the hours back in lieu if I'm called.
I should have been clearer sorry - it's not the pay that I have an issue with but the lack of 11 hours uninterrupted rest between shift and restriction of freedom (if its clashed as working time).

It may get more complicated if there’s not an appropriate rest break, but as with all things the Working Time Regulations/Directive, it’s not black & white issue: if they provide an equivalent period of compensatory rest, that’s adequate for the occasions that you actually have to disturb your rest, but that should not in practice apply every day – if it was to, that would be an issue, if there is never an 11 hour break.


Karl Limpert