On Call Hours and breaks (please help!!)

superstarsarah

Hello,

i have a friend who is currently on call as a plumber, he has been completing call outs alone, he isn't fully qualified as a plumber, yet seems to be expected to work like one.

He had a call out at 10pm last night and didn't arrive back until 12-30am, then had to get up at 6am to complete the next call out.
he is travelling at least for an hour to each job, whilst being out at the job at 6am, he recieved another 4 call outs, which meant he didn't get home until 4-30pm, he attempted to go to bed at 6pm once he had something to eat but then had another call out at 7pm and has had to travel. he is covering the whole of the north west himself.

On occasions he has worked after midnight, yet is still expected to start the next day at the same work time regardless.


Where is the line drawn for rest breaks? surely working on call as a plumber, you'd need to be working with somebody else for health and safety reasons.
is this firm breaking the law somehow as it doesnt seem fair.

Please can somebody help? i've tralled the internet but cannot seem to find anything.

Thanks.

marybelle01

We can't even tell he's employed! He could been self employed?

superstarsarah

he is employed by a company, he doesn't work for himself else the problem would easily be rectified.

C_Mababejive

He should receive 11 hours clear rest between shifts or compensatory rest. Surely there is some kind of company polciy to cover this which is WTR compliant? Is this a big or small company and what rates does he get paid for his callouts?

Also,as he has to presumably wait in at home,does he book all the hours he is rostered on call as working time or only the hours he goes out to work?

superstarsarah

Hi, it is a large company, the rate he gets paid is £40 a call out, he doesn't get paid if he doesnt get a call out.

also, do you know anything about being on call alone?

lollipopsarah

That sounds poor to me when he has to pay for petrol.
hubby used to get £50 when he was on call for a glazing company about 7 years ago.
I'm more worried if he is not properly qualified, I hope his insurance is up to date.
I know the work climate is bad right now, but, maybe he might think about looking for another company to work for.
Best wishes to you both.
xx

C_Mababejive

They are having him on. He should be paid a standard retainer fee for being on call then call out hours he actually works .Premium rates should apply after hours/weekends etc. Also for the purposes of the working time regulations, all the hours whilst he is at the disposal of his employer are counted as working hours if he has to remain at his place of work or is so otherwise restricted that he cannot go about his daily life. So if his period of being available on call is from 1800 until 0800 the next day then he has "worked" 14 hours. He may only be paid for the periods he goes out but he has been working 14 hours according to European Law. I personally would not operate under your OHs regime.

marybelle01

C_Mababejive wrote: »

They are having him on. He should be paid a standard retainer fee for being on call then call out hours he actually works .Premium rates should apply after hours/weekends etc. Also for the purposes of the working time regulations, all the hours whilst he is at the disposal of his employer are counted as working hours if he has to remain at his place of work or is so otherwise restricted that he cannot go about his daily life. So if his period of being available on call is from 1800 until 0800 the next day then he has "worked" 14 hours. He may only be paid for the periods he goes out but he has been working 14 hours according to European Law. I personally would not operate under your OHs regime.

That'd be your opinion, would it? Because it isn't the law.

http://www.healthyworkinglives.com/advice/employee-issues/working-time-regulations.aspx

DVardysShadow

marybelle01 wrote: »

That'd be your opinion, would it? Because it isn't the law.

http://www.healthyworkinglives.com/advice/employee-issues/working-time-regulations.aspx

But for one point, it is the law. Would you care to provide the correct correction, rather than a blanket rejection of advice which is correct apart from one small point?

ohreally

When I worked on the tools, I got an on-call allowance whether or not any call outs. Two hrs travelling time @ time+1½, 2X at weekends, min payment of 2 hrs even if on-site for 5 mins, phone rental paid by employer, compensatory rest which could be following working day off depending on hrs spent on site and time of call -certainly wouldn't be appearing before lunch time.
On-call over public holidays was a nice earner.

marybelle01

DVardysShadow wrote: »

But for one point, it is the law. Would you care to provide the correct correction, rather than a blanket rejection of advice which is correct apart from one small point?

Which small point?

The one where he isn't entitled to a standard retainer fee; the one where he isn't entitled to a premium rate for after hours or weekends etc; the one where they aren't counted as working hours off the employers premises, unless the employer insists he stay in one place to receive calls; or the one where being on call from 18:00 - 8:00 is 14 working hours in law - which it isn't. Which pretty much means the entire post is opinion not fact!

I don't like the way the employer works any more than you do - but that doesn't excuse giving opinion as legal fact.