Laws relating to on call/standby work

cookie1234

I have a job that requires me to be on call from home for emergencies outside of normal working hours. My company is adding a new service which will require me to be on site within 30 minutes to any emergency reported, but I live more than 30 minutes away from work.

Currently I am paid a standby rate for the hours I am on call, plus an enhanced hourly rate for any hours I am required on site at work dealing with emergencies.

My employer has suggested that they will cover the cost of a hotel within 30 minutes of site. As we cover on call for a week at a time this effectively means I cannot go home for a week.

Is my company legally allowed to enforce this?

My contract states I have to participate in the on call system.

If it my company can enforce this, should I be paid the enhanced hourly rate for all the hours I will be on call going forward, as I am effectively required to be on call at a particular location and not from home?

The only definition I have been able to find relating to on call/standby hours is below -

The leave entitlements and rest periods of employees are governed by the Organisation of Working Time Act,1997 which regulates employees rights in relation to maternity leave, paternity leave,sick pay and holidays.

How working time is defined is important in this regard for example what is the position for employees who are on call.

This appears from case law to require that the employee be on call in a particular place for it to count as working time;if the employee has to be on standby but can go home for example it has been held by the courts that this is not working time. This is particularly for doctors, for example, but the same principle applies to all workers.

Any advice would be much appreciated.

nuac

Mod
Sorry. cannot get legal advice on this forum
suggest you talk to a solicitor
Thread closed