Unpaid On-Call (Potentially) - Where Do I Stand?

[kyajae]

Hi,
So I’m an IT Contractor providing 2nd/3rd line support at a company for 40hrs per week during normal daytime working hours only.

The Company has asked me if I would like to join them as a permanent full-time employee. As part of my contract, I’m required to provide a period of 7 days on-call support from home between 5.30pm in the evening through to 8.30am the following day. I need to be by a company-provided mobile phone and a company-provided computer and respond within 10 minutes of a call coming in regardless of the time of day or night or whether the call is received of a weekend day or Bank Holiday.

Their terms are that if I receive support call between those hours, I will be paid £25 for the first hour of support service and £15 per hour thereon if the call drags on. However, if no support calls are made to me, I receive nothing.

So I have to be at home, out-of-hours, with no option to participate in recreational activities with no recompense.

Is this lawful?

[matt3942]

Re: Unpaid On-Call (Potentially) - Where Do I Stand?

Good evening,

Thank you for your post.

My understanding of the current legislation is if an employee is on call but free to pursue leisure activities, this does not count as working time (i.e. the employee is compensated only for time spent working whilst on call). The issue of legality will come down to whether or not you are able to pursue leisure activities and be able to meet the 10-minute target.

When you say "7 days on call", does this mean 7-days on and then X number of days off, or are you on call continuously?

- Matt

[kyajae]

Re: Unpaid On-Call (Potentially) - Where Do I Stand?

Hi Matt,

Thanks for your reply. to clarify the questions you raised, on-call is 7 days every six to seven weeks. As for pursuing leisure activities, in theory, when I finish work, I could not, after work, go shopping at Asda's as it would be impossible for me to respond to a call in 10 minutes. So, in practice, I would not be able to pursue leisure or non-leisure activities and be able to meet the 10-minute target.

Thanks

John

[teaboy2]

Re: Unpaid On-Call (Potentially) - Where Do I Stand?

Hi Matt,

Thanks for your reply. to clarify the questions you raised, on-call is 7 days every six to seven weeks. As for pursuing leisure activities, in theory, when I finish work, I could not, after work, go shopping at Asda's as it would be impossible for me to respond to a call in 10 minutes. So, in practice, I would not be able to pursue leisure or non-leisure activities and be able to meet the 10-minute target.

Thanks

John

So basically 1 day every week then?

Though the lawfulness of having to be near a company computer would be questionable as when your on unpaid-call you should not be limited to being, effectively, stuck at home/office next to a computer or phone. As its your own time and your entitled to spend that time as you please up until the point you receive the call.

Though best approach would be to have an informal chat with the employer about your concerns.

[kyajae]

Re: Unpaid On-Call (Potentially) - Where Do I Stand?

Hi,

Thanks to everyone for your advice. I have already raised this issue with my potential employer and the message seems to be "take it or leave it". This doesn't absolve themselves of what appears to be a potentially unlawful working practice - there are a three or four people in my position as contractors being offered full time contracts.

[teaboy2]

Re: Unpaid On-Call (Potentially) - Where Do I Stand?

Hi,

Thanks to everyone for your advice. I have already raised this issue with my potential employer and the message seems to be "take it or leave it". This doesn't absolve themselves of what appears to be a potentially unlawful working practice - there are a three or four people in my position as contractors being offered full time contracts.

So basically by saying "Take it of Leave It"? They confirmed that you would be required to remain at home/office near computer or within 10 mins away i.e. round at a neighbors? I suppose if you do not go out every evening and if it is just 1 night a week, then it wouldn't make much differences as you could plan your evenings around that 1 night per week! But as it so restrictive as to how you spend your time, and then you should be paid for being on call!

How hard would it be for you to find alternative work at a different company as either a contractor or employee?

[matt3942]

Re: Unpaid On-Call (Potentially) - Where Do I Stand?

[MENTION=67737]kyajae[/MENTION] - Is that 7 consecutive days every 6-7 weeks or 1-day every week? How do your colleagues deal with this?

- Matt