Comments by Graham Jones

Graham Jones
Member - 16 posts

Hi Ian In my workplace if an individual is on contracted hrs and goes on call the individual is paid for the time he is at rest taking the 11 hr break where an individual is on 0 hr contract (casual employment ) but agrees to go on call the individual does not get paid for the 11 hr rest part of his working day. The individual is advised of this by management prior to commiting to an on call period and it is then the individuals decision to go on call or not.
All contracted hr personnel have as part of their contract to partake in an on call system 0 hr personnel do not have this in their statement of employment.
Hope this helps?

Graham Jones
Member - 16 posts

Thanks Alan Im getting confused now I have read your various in depth articles regarding this issue but are not the legal prescedents all for persons 'on-call' at their place of work and not at home waiting for a callout?
Many thanks Graham.

Graham Jones
Member - 16 posts

Kevin I agree regarding the work/life balance issue on call is restrictive but dont the two examples you quote involve individuals who are on call in their workplace??

Alan can you be more descriptive regarding accumulated time I actually employ and work an on call system and am interested in the legal issues of WTD and 'on-call' in particular.

Many thanks Graham

Graham Jones
Member - 16 posts

Hi Alan.
As I believe it on call at home waiting for a call out is different from on call at your workplace as you are not at work when at home. Working time starts when you are called out and finishes when you return home. The uninterupted 11 hr break then starts again.
Graham

Graham Jones
Member - 16 posts

Hi Alan. Same rules apply to both senarios an employee must have an 11hr uninterupted break from work in any 24 hr period.
Uninterupted is the word to focus on.
If an employee is not interupted then they shall return to work the next day at their normal time.
Google working time directive to find the legislation and the relevant section to refer to. Hope this helps.
Graham

Graham Jones
Member - 16 posts

Hi Mal I agree with Alans way of gaining these 'non-stat' workers rights. I can also in these difficult employment times see that these individuals may be reticent to go along this path. However if they are employed by an agency isnt it the agencies duty to ensure they are found work that ensures their individual rights regarding working practices?
In these times of litergation employers have to be more careful regarding an employees way of working as should an accident occur perhaps because the individual was over tired who would take the blame in any H&S investigation?

Graham Jones
Member - 16 posts

Hi Mal. Are the non - stat- Workers on a rota for evenings and weekends? If yes then they would be classed as 'on call' when called out and 'off call' on their return to home. They are then entitled to an 11 hr break before returning to their desks. The difficulty arrises at weekends as the individual if not called out or disturbed from 0900 to 2000 has had an 11 break and if called out after 2000 they are expected to be at their desk at 0900 the next day. As a ps can you explain what a non-statutory worker is? Many thanks

Graham Jones
Member - 16 posts

sorry James but I fully agree with Craig in that a person on call is committed to provide a service for their employer and if at home they are unable to have a social life as they may be required to attend to a call out they are also restricted in their movements as well as they carnt be too far from their work so a payment for this service they have agreed to participate in is reasonable and should be a matter for consultation.
I work an on call system that is part of my contract and are paid an allowance in addition to payment when called out, its not a lot but at least if not called out you are recompenced for the disruption to family life that is enevitably caused.

Graham Jones
Member - 16 posts

As I believe it Darren the 40 hrs a week is averaged out over a 17 week period or a period determined by collective agreement and you have to take a continuous 11 hr break in any 24 hr period so depending on when you are called out depends on what time you start your work. i.e. monday working 0800-1700 day job then on call from home if called out before 0400 and return at 0600 then you are entitled to take your 11 hr continuous break and start work again at 1700!

Thanks Matt I believe you have answered my question in that you have to be at your place of work for 'on call' to be calculated. Or your place of work is your home.

For those of us in employment where we are contracted to take part in an 'on-call' rota It is a pity that the individual 'on-call' has their life disrupted to such an extent that they are unable to have a drink and have to remain in close proximety to their workplace causing disruption to their family life. I have to be 'on-call' 7 days a week in every 5 weeks after my normal work finishes Monday to Friday at 1630 daily and the full weekend for a pittance. Unfortunatly it was a condition imposed on the workforce or you left work.

Graham Jones
Member - 16 posts

Thanks Alan for that, I hope your toof gets better soon! Its proberbly all the chocolate cake you are eating however,
Can I confirm that the cases you mention are persons at work in their place of work and not at home on call as i believe this maks all the difference. Hope to hear from you soon and await the cases you mention, many thanks.

Graham Jones
Member - 16 posts

Alan I would be interested to know of the EAT cases you mention as I have an ongoing concern regarding on-call many thanks.

Graham Jones
Member - 16 posts

Many thanks Chris for your comments I agree fully that the employer is loosing out on employees experience. I also know that in the past unions thought the retirement of employees was a good idea as it ensured a person was taken on and this reduced the number of unemployed i dont consider this is a reason anyone would openly agree to now. I will take up the option you suggest, once again many thanks.

Graham Jones
Member - 16 posts

In regards to this issue I have recently gone through a "tick box" interview and been informed by my manager that I will have to take a month off work inbetween returning as a casual employee on reaching retirement at 65.
I am full time employed at the moment.
Is there a statutory reason why i have to take a month off work before returning?

Graham Jones
Member - 16 posts

This is in relation to the working time regs.
Has anyone any update on any decision regarding the above working practices other than in hospitals or health care premises.
How does it work for you?