Unpaid Hours whilst on call at night

[emmajane72]

Good Afternoon All,

I have just been made aware that i can claim unpaid wages from a Live in Care job 2007
Basically, i worked 5 days a week, and worked from 8am until 9pm and then asleep, but on call, from 9pm until 8 am. I got paid for 35 hours per week, and didn't receive any payment for being On call overnight, or extra hours during the week. As i was required to stay on the premises overnight, wouldn't this be classed as working ?
Is this legal ? Can i still make a claim ?
Any advice appreciated

Many Thanks

Emma:juge:

[judgemental24]

Re: Unpaid Hours whilst on call at night

Now this is difficult as a claim in a civil court is six years from cause of action, but you might get away with when you became aware of the issue

An Employment Tribunal i would say is a Definite No no due to the time limits in bringing a claim

I have to ask

Who made you aware of this and that you can claim??

Such things as night/on call allowance will be included in your orignal contract of employment as an express term

Live in jobs have special provisions outside of the Employment Rights Act and the Working Time Regulations

[emmajane72]

Re: Unpaid Hours whilst on call at night

I was recently made a ware, by a family friend, who works for an advice centre.
I was first made aware, by a staff member who was leaving, who said that, don't be surprised when you receive your wages, you wont get paid for all the hours you work !

[judgemental24]

Re: Unpaid Hours whilst on call at night

Then unless your family friend has access to your contract of employment they need to keep their opinions to themselves

[matt3942]

Re: Unpaid Hours whilst on call at night

Can you explain exactly what your role was, i.e. were you employed by an individual to care for them in their own home, by a company to provide care in an individual's home, or by a company to provide care in a care home?In any case this seems terribly confusing.You were present from 8AM one day until 8AM the next day, for 5 days each week? Essentially you lived on the premises during the week.8AM-9PM is 13 hours, which over 5 days is 65 hours. If you were being paid for 35 hours I would assume you received 6 hours' unpaid break every day shift between 8AM and 9PM, which means you were actually only working for 7 hours between 8AM and 9PM. Is that correct?My basic understanding is that sleep-in shifts do count as working time, and employees should be paid at least the national minimum wage for this time. It's not quite as simple as that though and my advice would be to contact a legal advisor who can advise you better.