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Being on call and working hours..

Employment and Discrimination Law

Being on call and working hours..

Postby Limpopo574 » Mon Jan 16, 2017 4:16 pm

I know about previous case law and that this area has some shades of grey that are perhaps slowly receding.

Consider this;

An employee is stated to be home based and works various work patterns including being on call.

When he is on call he is required to remain at home to respond to any calls within a specified time frame. Typically, from time of being called to onsite would be an hour or less.

He is simply paid a set fee for being on call i.e a fixed amount. There is no additional payment for hours actually worked etc.

He knows that if he happened to be out of the house when they called he would be unlikely to make the response time since he would have to go home, pick up vehicle etc.

He also knows that in such circumstances, he might be disciplined due to his inability to respond.

As he is required to remain at home (his place of work?), and also respond quickly, his enjoyment of his free time is almost non existent.

Could therefore all the hours he is on call whether active or not, be classed as working time?

Thanks
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Re: Being on call and working hours..

Postby atticus » Mon Jan 16, 2017 4:30 pm

The answers are in the recent cases. Are you sure you have sufficient understanding of them?
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Re: Being on call and working hours..

Postby Hairyloon » Mon Jan 16, 2017 4:51 pm

Limpopo574 wrote:He knows that if he happened to be out of the house when they called he would be unlikely to make the response time since he would have to go home, pick up vehicle etc.

Why can he not go out and take the vehicle?
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Re: Being on call and working hours..

Postby Hairyloon » Mon Jan 16, 2017 4:52 pm

atticus wrote:The answers are in the recent cases. Are you sure you have sufficient understanding of them?

Do you think perhaps that is why he's asking?
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Re: Being on call and working hours..

Postby atticus » Mon Jan 16, 2017 5:14 pm

Maybe the OP will clarify his/her first sentence.
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Re: Being on call and working hours..

Postby Limpopo574 » Tue Jan 17, 2017 4:28 am

For know read awareness but not a fuller in depth understanding.!
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Re: Being on call and working hours..

Postby Limpopo574 » Tue Jan 17, 2017 4:29 am

Hairyloon wrote:
Limpopo574 wrote:He knows that if he happened to be out of the house when they called he would be unlikely to make the response time since he would have to go home, pick up vehicle etc.

Why can he not go out and take the vehicle?

The vehicles belong to a large corporate fleet and are self insured by the company excluding personal use.
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Re: Being on call and working hours..

Postby atticus » Tue Jan 17, 2017 9:30 am

This is tricky. You are at home. But you are required to be close at hand so as to respond to a call out. This suggests that the employer is exercising a degree of control, in which case Working Time Regulations (oh, that nasty EU protecting workers' rights again!) and National Minimum Wage Regulations will apply.

Look at Hughes v Jones [2008] UKEAT 0159/08, paras 17 and 18.
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Re: Being on call and working hours..

Postby Limpopo574 » Tue Jan 17, 2017 9:53 am

Being a layman, that is exactly what i was thiking. The worker is so restricted in his freedom of movement and enjoyment of his time that he would be considered as being at work especially as he has to stay at home, to be able to respond within the required timeframe.
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Re: Being on call and working hours..

Postby Hairyloon » Tue Jan 17, 2017 11:29 am

Limpopo574 wrote:
Hairyloon wrote:Why can he not go out and take the vehicle?

The vehicles belong to a large corporate fleet and are self insured by the company excluding personal use.

Is it arguable that you are taking the vehicle to make it available for the employee who is on call: ie that it is company use?
How do they make the distinction: if you stop at a shop on the way back from a call does that make it personal use?
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