on call pager payment query

getmore4less

Look at the sleep in legal cases they help clarify some areas around on call.

IMO with the requirement to be within 1hr of a laptop and internet that will not be restrictive enough for the "sleeepin" rates as it is not working time.

Once working then the NMW comes into play.

If paid an OK rate/salary normally then I would be doing this on a common sense basis, for the odd call not to long, then just accept, longer calls or up all night I would be looking at TOIL or some flexi time to fit in with the hours, if I was up on a Sunday night then don't expect me in on time or allow me to come in early and go home early etc.

pete-20-11

It seems that for national minimum wage, on call is counted. But for working time directive, it isn't.



"For all types of work, include time spent:

at work and required to be working, or on standby near the workplace (but don’t include rest breaks that are taken)"

https://www.gov.uk/minimum-wage-different-types-work/overview


"What doesn’t count as work
A working week doesn’t include:
- time on call away from the workplace"

https://www.gov.uk/maximum-weekly-working-hours/calculating-your-working-hours


But yes, I'd expect the total pay for the week to be averaged, rather than working it out on a per hour basis.

"For these workers, the average hourly pay has to be at least the National Minimum Wage, worked out over the period each pay packet covers - so for a worker who gets paid once a month, this period will be 1 month." (From the first link)

getmore4less

at work and required to be working, or on standby near the workplace (but don’t include rest breaks that are taken)"


on call is one long rest break till called.

theoretica

The minimum wage requirement is an average. If you are paid once a week your total wage for the week divided by the total hours must be over the minimum wage. As you say these are the more skilled technical staff I imagine this is the case. I can see why they may be unhappy and feel tied down, but minimum wage will not be a useful tool for negotiations.

C_Mababejive

If you are on call and your situation is restrictive i.e you must remain at your place of work or at a precribed location etc etc then it is counted as working time. There is no shortage of case law to support this now. The latest case was Truslove & Anor V Scottish Ambulance.

agrinnall

£50 is pretty reasonable for 12 hours on call, and I would be amazed if doing it takes any of them below NMW for the week/month. if they don't think it's enough then they either need to negotiate a higher rate or stop doing it. I did it for may years in my previous career, sometimes paid, sometimes unpaid, although I don't think when it was paid that it was ever as much as that.

arfurdaley

Not sure about the legalites of it, but I get £70 a week for having the call phone plus extras for actual callouts (hours worked) 2hrs at double time minimum.

Cant have a drink, cant go too far (2-4hr response time).

Nebulous2

poe.tuesday wrote: »

yes it does matter as the staff are complaining that £50 for 12 hours being tied to their local area is not enough money and some are querying if it is conforming to the minimum wage - they dont see it as being worth it

I thought you said earlier they weren't tied to their local area as long as they could access their laptop?

If they don't think it is worth it then they need to discuss it with their employer, but one possible outcome would be that they lose it altogether.

Takeaway_Addict

Nebulous2 wrote: »

I thought you said earlier they weren't tied to their local area as long as they could access their laptop?

If they don't think it is worth it then they need to discuss it with their employer, but one possible outcome would be that they lose it altogether.

The other question is how often do you need to be used during these call outs.

1 hour to get to your laptop is hardly prohibitive.

Happycalling

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