Rank: Forum user 
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I am not familiar with the Working Time Regulations and have been asked by one of our engineers what breaks he is entitled to while on-call. 11 hours rest in a 24-hour period would not be achievable if he is called out numerous times, what is the legal position for such employees?
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Rank: Super forum user 
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With respect, I think you should discuss this matter with your HR Manager.
For the record:
10.—(1) An adult worker is entitled to a rest period of not less than eleven consecutive hours in each 24-hour period during which he works for his employer.
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Rank: Forum user 
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In a previous life we had a policy whereby if the on-call engineer worked at night then an 11 hour clock started ticking as soon as he got home. For instance, if he got home at 0200 then that meant he was available for 'normal' work again from 1300 etc. It worked pretty well. Call-out engineer only attended to contracted customers with an emergency breakdown so requirement to attend was fairly rare.
It meant that some 'routine' jobs were cancelled at short notice but customers were generally understanding of this once they were made aware that the engineer had been diverted by an emergency call-out. Easy to sell it to them along the lines of 'you'd expect us to divert an engineer from a routine job to your premises if you had an emergency wouldn't you?'
Engineers were fine with the arrangement. There was a rota of about 7 or 8 so it was only 1 week in every 2 months or so and they did get a decent bonus for the week on call too regardless of whether they attended anything (which would accrue overtime rates over and above the call-out bonus).
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Rank: Super forum user
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Depends if the engineer is working while 'on call'. if he is sitting in layby waiting for call, I'd say he is working and the 11 hours break after 24 hours rule applies. If he is at home watching X-factor or whatever then he is only at work after he answers the call and is on his way.
But remember I often these HR questions wrong!
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Rank: Super forum user
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A Kurdziel wrote:Depends if the engineer is working while 'on call'. if he is sitting in layby waiting for call, I'd say he is working and the 11 hours break after 24 hours rule applies. If he is at home watching X-factor or whatever then he is only at work after he answers the call and is on his way.
But remember I often these HR questions wrong!
A Kurdziel, we apply this very principle! He/she can sleep if they wish, as long as they get to the call in the designated timeframe (having brushed their teeth and got dressed of course).....
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Rank: Super forum user
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A Kurdziel wrote:Depends if the engineer is working while 'on call'. if he is sitting in layby waiting for call, I'd say he is working and the 11 hours break after 24 hours rule applies. If he is at home watching X-factor or whatever then he is only at work after he answers the call and is on his way.
But remember I often these HR questions wrong!
It's 11 hours during every 24 hours, but probably that was a typo.
I would suggest that if after watching X factor he is going through his normal routine of sleeping then what you suggest works well. I make no comment about being able to sleep after X factor though, because in reality I think that should be classed as work and paid at double time.
Regards
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Rank: Super forum user
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in my experience whilst a person is 'on-call' they are at work [- there is case law -] even if they are sleeping or playing golf whilst waiting to be called out
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Rank: Super forum user
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The case law I have read concerns the amount of freedom the employee has when 'on-call' and legal eagles who review it say that the lines are not always so easy to draw. Of course case law evolves and so things can change case by case.
The 'entitlement' to an 11 hour rest period in every 24 hours is clear, of course.
Regards
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Rank: Super forum user
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Or should I say 'hinges on' the amount of freedom. Probably makes more sense. Oh for an edit facility.
Regards
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Rank: Forum user
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Another consideration to take into account is compensatory rest, from ACAS.
"In some circumstances a worker may be required to work during a rest period and may have to take rest later, this is known as compensatory rest. Compensatory rest is normally the same length of time as the break or part of the break that a worker has missed."
There are a couple of other caveats, where the regulations do not apply/can be bent at that time, in relation to certain industries, unforeseeable circumstances, an accident or imminent risk of an accident, foreseeable surge of activity.
My line of thought when looking to give an answer would be
Where did the question come from? an engineer, but why?
What kind of breaks are the engineers getting? What are there working patterns? are they home based? What work are they doing? How many days a week are they working?
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