On Call Working Hours – If based in a place of work, is on call considered as working hours? For example, carer is in a client's home and stays overnight sleeping but may have to get up if client requires assistance. 11 hours rest is normal but the employee gets up once or twice to help client.Posted in : First Tuesday Q&A NI on 2 June 2010
In all likelihood, yes. Time spent on call has been the subject of much debate in recent years. A series of European Court of Justice cases have decided that all "on-call" time constitutes working time if the employee is required to be in the workplace rather than at home, even if the worker is asleep (at the workplace) for some or all of that time. The fact that the workers were required to be in the workplace and ready for work indicated, in the ECJ's view, that they were to be regarded as carrying out their duties.
Subsequent to this, there has been much case law to confirm the ECJ’s
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.