Could some one please enlighten me, if a person is "on call" and subsequently is called into work, does their working time start from the initial call or when they actually arrive at work? In the regulation on working time it states that if you are not free to pursue leisure activities when called upon this is then considered working time, so with that in mind as soon as you get the phone call you are on your way to work and unable to pursue your own activities, advise please.

quote=NR]Can you pursue your own activities when on call? What if you want to drink alcohol etc?

Is that legislation or would that be company policy, on when the working time starts.

An increasing number of employers are moving to a zero hours contract model. I'm told it was introduced by the hotel and catering sector where the need for staff varies widely. It was recognised that paying staff to do nothing was no longer possible, and that this approach could be more responsive than use of an agency. You get called in when they want you, and then get paid. At other times, no work, no money. But effectively, you are always on call. Several NHS Trusts have tried to introduce this for some staff, and quite a number of nursing homes in the private sector use this model. It is almost a parallel to working for an agency but one with only a single employer wanting your services. I understand it is the norm in the US and Canadian hospitality and manufacturing sectors, and apparently in some European countries also. I presume it's legal or it wouldn't/couldn't happen. Bit of Hobson's choice rally. If you don't like it, move on. For the many low level UK H&S posts it would seem an option that would be attractive to employers, cheaper that a full time employee or a consultant. It's a tough world, financially and otherwise, and this new employment model may be a reflection of those tough times that are unlikely to go away soon.

We classify as on call as having limitations to activity (Such as No alcohol or anything that would prevent that person for conducting themselves in a professional and safe manner) work commences the moment you have recieved the call to duty and finished once you have finished the activity and returned to your origination point or home.

The thing with the above is what happens if you are say half an hour drive from home to HQ. You get a call at 9am asking for you to come in after lunch say 2pm. You can’t consider yourself working at 9am, can you?. So does the time start when you get in your car? On a normal working day (9 to 5) you would not include the time it takes to get to work. I think ( Imho) if I was contracted to work from home then my time would start when I get in my car, if a normal day then it is when I arrive at work and clock in or whatever. Sorry I have not seen anything that backs this up as such. I do know that when working on Network Jail jobs there is a restriction on working time which includes getting to the place of work. My guess is though that if it is not spelt out in your contract or any other official company document, then the Company can decide how they want to interpret this. Would you argue differently if it was a possible reportable accident? i.e. Would you argue they were not at work? I think this has been the subject of a previous RIDDOR Question posting.

I am not going to try to answer the immediate question but state that in my view being 'on-call' without some kind of pay is not a situation that should happen in my book You should be getting paid for missing out on your full enjoyment of life e.g. you cannot have a social drink when on call so you should be compensated for your loss irrespective of what is common practice in many countries / industries as slavery is just a step away What would be the case where you were on call and you acted in such a manner as to create a vicariously liable situation whilst waiting for your call-out? And by U waiting for a call-out an employer is obtaining a 'gain' as the employers mind is at rest knowing that U are on-call to save his business should something happen so an employer should pay for that piece of mind Did we not fight a war to stop slavery and such things?

If you look at the guidance http://www.direct.gov.uk...rsAndTimeOff/DG_10029426 and read the section "What does not count as work", might help you find your answer. In saying that, when I have been called out to attend an incident out of hours or while I am on leave, I count the time from when I leave home to when I get back again.

latchy If you want to understand the legal issues, you're well advised to look up all the relevant case law, as interpretations of different levels of senior courts give a range of slightly different weight to different issues.

I've never been paid for on call though arguably, your salary includs an amount towards this inconvenience. As to when the clock starts ticking, I think it's once you've left home.