Advice re on-call duties please

justontime

I have a job interview the day after tomorrow with the company I already work for. My post is redundant and this is a possible alternative. Everything has been done properly in terms of the consultation etc, and I have the full details for the new posts that are being created, The post I am applying for is at a fairly senior level and it is a newly created post. It involves a certain amount of on call and night cover. Initially I was told this would be second stage on call, but in the course of conversations and correspondence it has become increasingly unclear. They are unable to give me an idea of the extent or duration of the on call arrangements or the restrictions it would place on me such as how far I can travel from home when on call. I feel I need to clarify at interview that it would be second stage (I would not be the initial contact), how often and for how long I would be expected to be on call and how much freedom I would have while on call. The on call would be in addition to full time hours. I don't want to ruin my chances, but if I am offered the job should I ask for confirmation of these arrangements in writing before accepting the post? I would welcome any advice. Thanks

Savvy_Sue

justontime wrote: »

I don't want to ruin my chances, but if I am offered the job should I ask for confirmation of these arrangements in writing before accepting the post?

Yes. If there's anything you're concerned about, the time to get it sorted is before you accept the job, not afterwards ...

LittleVoice

I would certainly get the offer before you seek the clarification if you at that time need it. Having got the commitment (offer) from them first, ask for the clarification quickly in order to be fair to them if they can't offer the second stage level you need.

However, if it is a new role then it may not be possible to be too clear because of getting every job lined up as well as yours.

If you accepted the job but it didn't work out because of the on call element then I believe you should be able to say it didn't work out and still receive your redundancy pay. This should be made in the offer to you.

justontime

In a formal letter I was advised that if I was offered the post I would still be able to claim redundancy for 4 weeks but I would lose the right to statutary redundancy pay. However as this job is substantially different to my present post I have been told by an advisor that I should be able to get the redundancy.

Are there any rules about the amount of on call that can be expected?

Savvy_Sue

justontime wrote: »

Are there any rules about the amount of on call that can be expected?

I don't think so: recently there was a thread from a chap who was being phoned EVERY NIGHT, including when he was on leave!

If they offer you the job and don't seem to want to put in writing what their expectations are, you could do worse than tell them what yours are, something along the lines of "I am accepting this job on the understanding that I am NOT the first person on call, that I am not required to be on call more than X nights per week, and that the restrictions this places on my personal life do not exceed ..."

I don't know what other people think about this, but it communicates with them what YOU think is reasonable, and if they don't think it is reasonable or achievable, then they can think again ...

Conor_3

Remember that the Working Time Directive lays down in clear unambiguous wording what the requirements are in respect to DAILY and WEEKLY REST and the maximum hours you can work per week. This is the time that you're not at work and also not on call. If you're on call, you're not on a rest period as you're not free to dispose of your time as you see fit.

Unless you specifically sign an opt-out, they cannot break these rest requirements.

justontime

I was advised that on-call is not work as far as the working time legislation is concerned if this is the case can they count on call as rest? It is the sort of on call that potentially can require attendance and the incidents can be very serious.

Conor_3

Well what they advised you was wrong.

In the SIMAP, Jaeger and Pfeiffer cases brought before the European Court of Justice in the last few years, "on-call time" where you're required to be at your place of work was defined as being working time and not rest butWhen a worker is permitted to be away from the workplace when 'on-call' and accordingly free to pursue leisure activities, on-call time is not working time.

ALSO if you do any on call work between 00:00hrs and 04:00 hours, it is classed as night work and under WTD legislation, not only are the maximum hours you can work curtailed somewhat, your employer has to put in place free medical assessments and if you are having health issues from doing night work, they have to take this into account.

justontime

Thanks but I am not required to be at my place of work. I am required to be on call from home (or close to home) via mobile phone. The advice was from ACAS.