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SteveHa

SteveHa

Free Member
Jun 16, 2016
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One for the employment law specialists out there, and asking for my better half.

She's a carer, which involves sleep ins, and no problems re pay. However, she also spends a significant amount of time (usually weekends, and since she lives 3 hours away, this can be a problem with our personal time) on call, during which she is expected to be available on the phone and to attend. If she attends, she gets paid, but otherwise, not.

During on call time, she can't book trips away, go for a drink etc.

I believe that Ville de Nivelles v Matzak is in point here, and she should be paid at least NMW for all on call time, but could someone more familiar with employment law confirm for me, please.
 
Have worked with guys who got out of being on call when they wanted to by putting mobile phone in the fridge.
It doesn't take the call - so they cannot be criticised for not answering. :)
 
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WaveJumper said:
I am sure the HR gurus will be along shortly, in the meantime this makes interesting reading on the subject which seems to support your case

https://worksmart.org.uk/work-right...-time-i-am-required-spend-standby-waiting-see
Click to expand...

I've read that, but reading the CJEU case seems to add to my understanding, though I await a specialist. I'm a tax guy with a chunk of employment knowledge, but that chunk I can't rely on for stuff like this. There's a potential for her to be owed a crap load of money, after already having got a crap load for sleep-ins
 
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Hmmm. Employment law?

What's the job worth to your wife?

To me this is fairly simple. If the job is not worth the hassle, quit and find something else. If the job is worth the hassle keep on doing it.

A 3 hour trip to the work place indicates that the job must have a value to the worker that is greater than the pay slip.
 
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ffox said:
Hmmm. Employment law?

What's the job worth to your wife?

To me this is fairly simple. If the job is not worth the hassle, quit and find something else. If the job is worth the hassle keep on doing it.

A 3 hour trip to the work place indicates that the job must have a value to the worker that is greater than the pay slip.
Click to expand...

Or the home is worth more than the job.
 
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What does she get paid when she is on call and not called? What does she get paid if called?
 
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For clarity, the three hours is the distance between me and her, not between her and work. This is why our time together is precious.

@Newchodge - whilst on call, if she is called she is paid. If she is not called, she isn't.
 
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SteLacca said:
For clarity, the three hours is the distance between me and her, not between her and work. This is why our time together is precious.

@Newchodge - whilst on call, if she is called she is paid. If she is not called, she isn't.
Click to expand...
I haven't time to check the regs just now - I'll get back to you, but no pay when she is under work control does not sound right.
 
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There was a case - must be a decade or so ago? The staff member had to remain able to get into work when called within a certain time, if memory serves. So no nipping out for a night on the town, no cinema etc.
Ruling was that needed to be paid for being on call.
 
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http://www.acas.org.uk/index.aspx?articleid=1373#oncall
'The more restrictions that are put on a worker who is on-call, the more likely it is that the entirety of the time should be considered as part of their working hours.'

Bit of grey area by the looks of things but not something I know much about other than from previous experience.

I worked for a company once where it was common to get a call on Friday afternoon asking if you could work the weekend? Of course there was no obligation to do so but failing to answer the phone or simply refusing would ensure payback of one kind or another, sometimes subtle and sometimes not.
 
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This appears to be the most relevant case https://www.peoplemanagement.co.uk/news/articles/on-call-standby-shifts-working-time, so this time is working time. The next question is pay. The law on pay is only that people must be paid minimum wage, so she needs to calculate whether her total working time is paid at least at Minimum wage. The amount paid excludes premium rates, so if her hourly rate is £10 and she gets 15% premium fr working at noght, ignore the 15%.
 
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Thanks, Cyndy. That's the case that I found, and the one I referenced in my OP. I'm likely to be going over at weekend, so I'll see if I can get a look at her contract and take things from there.

And thank you to everyone else who has contributed. It seems my concerns do have some merit.
 
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