Break Entitlements for On Call Workers - UK?

Question

I am currently reviewing our On Call Procedure. We don't have anything particular in place and wondered if any of you have any guidelines in terms of:

If an employee is on call and attends a call before he/she is due on shift how do you allow for the fact that they may be due on shift within a few hours of that call?

We have had some queries from employees about whether we should be adjusting their shift start time if they have been on call.

I would be grateful if you have any information that you can share with me.

Answer 1

Depends on total number of hours worked per 24, how many night hours and total number of hours that week.



From EU Working Time Directive :-

Maximum weekly working time of 48 hours on average, including overtime (unless they sign opt-out agreements)

A minimum rest period of 11 hours in each 24, and one day in each week

A rest break if the working day is longer than six hours

A maximum of eight hours’ night work, on average, in each 24.

If they are at home whilst on-call I'm not sure what the ruling is (see last 2 links below re: (Doctors) on-call when they remain at their place of work)

Answer 2

woah that's seriously long hours. For every four hours you're legally entitled to a break. I'm sure there's also a law where after more hours you're entitled to at least a half hour break. BUT there'll be someone else who want the job and is willing to work these hours.. so if she's on a shift basis, they can just give her fewer shifts instead of letting her go. Thats the problem with shift systems.. they can get around laws so easily

Answer 3

You should refer specifically to the European Working Time Directive. This gives you the specific details of what working period are legal and what the limits are.

Answer 4

Hold on. Being on-call means they may be called out at any time, right? Surely they get paid extra for being on-call and for the call out?