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On call payments - have things changed?

Working in IT we have since as far back as I remember been paid £2 an hour to be on call (no idea where they got this) then if called you get 1/2 hour minimum pay and for as long as needed (sometimes well into the night)
We cannot drink alcohol when on call ( a guy was dismissed for this)
We must respond ASAP (ie you cant go watch a film and come back when your're done), you have to jump on asap or be hassled
You cant go far without anxiety you'll need to jump up and respond/work (normally whatever broken is causing financial impact to the customer and they need it fixing ASAP)

Would this be classed as working time?
Reading this, it appears so
https://www.peninsulagrouplimited.com/topic/employment-contract/on-call-employees-working-hours/

Comments

  • elsien
    elsien Posts: 37,559 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 February 2021 at 7:43PM
    There is an argument that if there are those restrictions then the on-call could potentially be working time.
    But that does not mean you can expect to be paid for the time you are not at work at your usual hourly rate. As long  you are still paid over national minimum wage for the averaged hours, and you are paid for the time you are actually working, then it is lawful.

    Are any of you in a union? 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Would this be classed as working time?



    Being based at home most likely not. 
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