Unpaid on-call: Legal?

prettywowers

Just a quick question for those in the know:
My employer requires me to be "on-call" on week in six. 
In general, this involves me keeping my phone on after finishing my shift, and answering any calls that come to my phone. I am also required to attend any locations that require my assistance in an emergency, although admittedly, that's quite rare. 
The on-call period runs from the shift end (usually around 21:00) until the following morning over the 7 days.
I cannot book or take leave for any week that I'm on-call. Obviously, I cannot drink alcohol during the on-call period and must attend a given location within 45 mins. I am not paid if/when I attend or take calls, albeit I can allegedly take the time back.

Really, all I'm asking is: is this legal? It seems quite a lot of restrictions for no extra pay. It may be important to note that there are other members of staff in the business who are in the same "grade" who do not have to commit to this.

Any thoughts appreciated.

elsien

Have you tried taking the time back? You say allegedly but it’s unclear if you’ve actually asked? 

prettywowers

elsien said:

Have you tried taking the time back? You say allegedly but it’s unclear if you’ve actually asked? 

It's not "the done thing".
For me, really, that's not the issue. It just seems a touch unfair that others in the same "grade" do not have this commitment, yet I do. It can be quite the crimp on one's social life.... 

Diamandis

It's pretty normal in a lot of industries, especially IT. It's legal as long as the time you actually spend working (the hours you're actually doing work and not just on call) you receive at least minimum wage for, or they allow you to take the time back. If your salary covers this then it's perfectly legal, if you dont want to do it are there other jobs in your industry you could apply for that dont require this?

elsien

prettywowers said:

elsien said:

Have you tried taking the time back? You say allegedly but it’s unclear if you’ve actually asked? 

It's not "the done thing".
For me, really, that's not the issue. It just seems a touch unfair that others in the same "grade" do not have this commitment, yet I do. It can be quite the crimp on one's social life.... 

When you ask your manager why you are doing it and others on the same grade are not, what is the response? 

If you don’t want to rock the boat by taking the time back, that’s your choice, but the option is there if you feel strongly enough about it.
(Previous on-call worker.) 

TELLIT01

prettywowers said:

elsien said:

Have you tried taking the time back? You say allegedly but it’s unclear if you’ve actually asked? 

It's not "the done thing".
For me, really, that's not the issue. It just seems a touch unfair that others in the same "grade" do not have this commitment, yet I do. It can be quite the crimp on one's social life.... 

Do others on the same grade also have the skills to be able to do the on-call work?  If they do I would certainly be asking why they are not also on the rota.  The restrictions on taking leave because of the on-call rota certainly seem excessive.  Management should be able to modify the rota to cover that situation.  What would they do if you were sick on the week you were supposed to be on-call.

It was admittedly many years ago, before mobile phones were commonplace, when my employer tried to implement something similar.  That failed when it became apparent that nobody could hear their phone when they were on-call.  People were upstairs, in the garden etc.  Once payment was introduced people were willing to install extensions to their phones.  On-call was only weekday evenings/nights so weekends weren't affected.

Undervalued

TELLIT01 said:

prettywowers said:

elsien said:

Have you tried taking the time back? You say allegedly but it’s unclear if you’ve actually asked? 

It's not "the done thing".
For me, really, that's not the issue. It just seems a touch unfair that others in the same "grade" do not have this commitment, yet I do. It can be quite the crimp on one's social life.... 

Do others on the same grade also have the skills to be able to do the on-call work?  If they do I would certainly be asking why they are not also on the rota.  The restrictions on taking leave because of the on-call rota certainly seem excessive.  Management should be able to modify the rota to cover that situation.  What would they do if you were sick on the week you were supposed to be on-call.

It was admittedly many years ago, before mobile phones were commonplace, when my employer tried to implement something similar.  That failed when it became apparent that nobody could hear their phone when they were on-call.  People were upstairs, in the garden etc.  Once payment was introduced people were willing to install extensions to their phones.  On-call was only weekday evenings/nights so weekends weren't affected.

You can ask but you have no right to that information! In fact, depending on the reasons, the employer may be in breach of the GDPR if they were to tell you!