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
Emma-Jane Flannery
Arthur Cox

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

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Back to Q&A's This article is correct at 02/09/2015
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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.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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