Rights to Time off - Working 14 days in a row?

misssarahleigh

Did a google but got a little confused.

The situation is that Mon to Friday a normal working week of 37 hours will take place. 6am Saturday morning a 5 hour travel will take place to spend a week away from work on 24 hour call out, returning the following Saturday 12 middday travel back. One day off (Sunday) then back to work for the normal 37 hour week.

This will mean out of 19 days, 18 will be working, 14 on the bounce.

Is this legal?

elsien

Is the travel time paid for/included in your contracted hours, paid as overtime, or unpaid?
My understanding is that you're entitled to one day off a week, averaged over 2 weeks, so it would depend on how your employer is classing the Saturday that you travel, when your oncall starts, and what the arrangements are for the on-call.

misssarahleigh

The travel up is paid for and classified as working. The oncall starts once at the location through to the drive back.

The sat/sun are paid as overtime at time and a half and I believe there is also a callout/away from home payment (it's my partner not myself)

There will only be one day when he is not expected to work, and thats after the 14 days done.

Fluff15

The CAB says if your employer says that you have to stay in a certain place when you are on call, then all the hours you are on call will count as time at work. This is still the case even if you're allowed to sleep when you're on call. If you don't have to stay within a certain place then your time on call doesn't count as working time until you actually start work.

Are you away from your workplace because work told you to go? Or because you have chosen to go, and you've still got to be on call this week? Does your role include travelling in working hours?

From helpwithjobs.co.uk:

What counts as a 'working week'?
As well as the day to day duties involved in your regular working day, there are many activities that you may undertake as part of your job, which are classed as 'work' and therefore subject to the 48 hour rule. These include:

• On the job training
• Job-related training
• Job-related travelling time (for example, if you work as a sales rep)
• Working / 'business' lunches
• Time spent working abroad
• Paid and some unpaid overtime
• Time 'on call' at your place of work

Activities that unfortunately do not count as part of your working week are:

• Lunch breaks and other rest breaks where no work is undertaken
• Normal travel to and from work
• Being 'on call' away from the workplace
• Training that is not related to work, i.e. evening classes
• Travelling outside of normal working hours (for example after a late meeting)
• Unpaid overtime that you have offered to do, rather than being asked to do by your employer
• Paid or unpaid holiday

Also, regarding the time taken travelling (taken from http://www.xperthr.co.uk/faqs/topics/4,33/hours-of-work.aspx?articleid=58522):

Travelling time to and from work is not included in the working time calculation for the purposes of the Working Time Regulations 1998 (SI 1998/1833). Time spent travelling outside normal working hours also does not count as working time. For example, if an employee is required to attend an early meeting at a client's premises, so has to travel there the night before, this travelling time does not count towards working time because it has taken place outside normal working hours. However, working time does include travelling where it is an integral part of the job, for example in the case of a travelling sales executive or a mobile repair person. Although the legislation is not entirely clear, it would seem that this includes travel during normal working hours and travel between sites or clients since the travelling is an essential part of the work.

misssarahleigh

Yes I spotted the bit about being on call. As he will be staying at a hotel in scotland technically he will be 'working' over 170 hours in 7 days (not including the time before and after)

He states that he will be paid for:

Travel to the location and time an half for the hours completed Saturday and Sunday.

Normal 37 hour a week wage, plus 3 1/2 hours at extra time.

Then same again on the way back, hours at time an half, plus the time taken to travel back.

So, tachnically, should they not be paying him for every hour he spends in scotland since he's been made to stay at a designation location to be on call?

elsien

The other question is, has he opted out of the working time directive? Because if he has, it's academic anyway.

Edit - I read the bit about being in one location as meaning having to stay in one specific physical locality for the duration. If your OH is staying in a hotel, accessible by phone so able to get out and about, go for a walk, whatever, and being called out to different settings as needed then my interpretation would be that it wouldn't count in that sense.

Fluff15

From what I understand then, your husband is working over the limit. However, according to direct.gov.uk, if he does any of the below, these rules don't apply. It will also not matter if he's ever opted out of the 48 working hour week regulations.

• where the working time is not measured and the worker is in control - eg managing executives with control over their decisions
• in the armed forces, emergency services and police - in some circumstances
• in security and surveillance
• as a domestic servant in a private household
• where 24-hour staffing is required
• certain categories of seafarers, sea-fishermen and workers on vessels on inland waterways

As I understand it from what CAB have said, yes he should be being paid for the entire time he's up there if work has asked him to stay there. Will kicking up a fuss cause more trouble than it's worth? What's the likelihood of him being called out all hours of the night? Does he have to respond immediately, or can he schedule in his work depending on the nature of the emergency? He might be lucky, and get virtually a week off whilst being paid for it! I work for a building firm and our guys who are on call rarely get called out this time of year - it's usually winter when everybody's boilers are going wrong that they get called out all hours. I think it definitely would be worth getting him to speak to your local Citizens Advice Bureau for the exact in's and out's.

misssarahleigh

Not sure if he signed his life away (working directive) but shall ask.

He is going to be called out many times. Throughout the week he will be given a schedual (and extra's not on it) at times he has to be at the location to 'do his thing'. E.g. 8am, 1pm, 6pm, 11pm, 6am etc etc

He doesn't work in any of the catagories that mean it doesn't apply to him. I've also looked and this pattern of working would mean he isn't getting his required 11 hours between shifts, but then again, since he will be in work for between 1-2 hours he's not doing a full day (if that makes sense).

I only started to look into it as I don't find it fair they expect him to work 18 out of 19 days. They aren't a very nice employed and his boss has already warned him that rather than getting his extra pay in full he's only getting half and the other half is being banked (a lot of his extra's get banked so that his boss can tell them to go home eaarly when their is little on rather than paying them for working overtime when it's busy).

This he doesn't mind, but not when the situation is like this. He thinks he should be paid what is owed for the work done, especially considering the circumstances.

I wanted to find out a little more and have suggested to him, kicking up a fuss won't be a good idea (as they would only penalise him for doing so) but if he had the correct information to hand about what his legal rights were, then should they try to pull a fast one he can make a few well informed comments.

harrys_dad

I could ask if he is in a union, and if so to get advice from them. Regrettably, the answer is almost certainly no, as it is for most people outside the public sector is this appalling employment world we live in now in this country.

That is why we get statements like "kicking up a fuss won't be a good idea (as they would only penalise him for doing so)", as of course any single individual can be penalised for protesting at being treated like a slave.

Sorry for the rant, but it applies to numerous threads on this board.

misssarahleigh

harrys_dad wrote: »

I could ask if he is in a union, and if so to get advice from them. Regrettably, the answer is almost certainly no, as it is for most people outside the public sector is this appalling employment world we live in now in this country.

That is why we get statements like "kicking up a fuss won't be a good idea (as they would only penalise him for doing so)", as of course any single individual can be penalised for protesting at being treated like a slave.

Sorry for the rant, but it applies to numerous threads on this board.

No problem. Understandably it's annoying as people are silenced with the fear it's better than not having a job at all.

And no, no union i'm afraid. I don't think I know anyone that is in one.

BobQ

misssarahleigh wrote: »

No problem. Understandably it's annoying as people are silenced with the fear it's better than not having a job at all.

And no, no union i'm afraid. I don't think I know anyone that is in one.

Many people do not realise that they can join a union even if it is not recognised by the employer. The union will not be in a position to negotiate workplace benefits but could be used to obtain advice and support on issues like this.