On Call Allowance

elsien

smjxm09 wrote: »

Where I work the rates were for volunteering to be on a 1 week in 4 week rota was £164. If the rota was part of your contract then it was around £240. Each callout was paid at a minimum of 3 hours pay at time and a half with more money if it was late at night.

I'm clearly in the wrong job - we don't get time and a half for anything, ever!

terra_ferma

chainsaw wrote: »

Time spent on call is working time according to several ECJ rulings the main ones being the Jaeger and SiMAP cases as well as several others. the Jaeger and SiMAP cases related to doctors on call in hospitals, in other words at their place of work. Employers have tried to claim these cases don't apply if you are on call at home as if some how being stuck in the house unable to leave it to vsit family or go shopping etc means you are free to do as you please when clearly you are not!

In the UK the Employment Appeals Tribunal case Mac Cartney v Oversley House Management along with other cases cleared the matter up. It stated that the important element was if you were obliged to be on call at a place determined by your employer. If so then that time is worked hours regardless of if you are in the work place, at home or anywhere else.

So for example if you can do pretty much what you want but just have to be contactable say by mobile phone then worked hours are only the ones from when you are contacted and asked to work. If you have to stay at the same location ready to respond to a call without delay then all call out hours are working time regardless of where that location is.

There was talk of introducing the concept of active and inactive call out time but this has not happened and the idea was dropped in April 2009

As I am sure all of the above is correct I wonder why Trade Unions have not picked up on this? Perhaps they are not up for the fight or perhaps its a present they are saving for a future Tory Government to deal with.

Is good to see someone who provides evidence instead of just an opinion. (I'm guilty too, but I try to use my experience and point towards useful resources).

broxiebear1

i do on call work for a tyre firm 24hr dont get amy on call money.no overtime. only £40 a call out , that would be ok if you got called out a lot but on average its only 2 to 3 call outs a week and they expect you to do it .
and to round it off you have to wait 2 weeks to get paid

A_Rain_Bike

I have to be on call all weekend with no pay as an electrician. I only get paid if I get a call. I have to alter my life style to accommodate this requirement as I have to respond within two hours. Do I have a legal case not to do it?