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Eddscott  
#1 Posted : 11 February 2020 11:44:52(UTC)
Rank: New forum user
Eddscott

Cannot find anything anywhere that gives me enough information about on-calls and the working time directive, so I have pulled together several examples of how it applies - looking for conformation of these and "evidence" to support it. Note railway require 12hours rest, non-railway require 11hours. Comments are appreciated

Scenario 1 (railway note 12hours rest required not 11)

Mike works on track, he works 7:00 to 15:00 each day and is on call one week in four.Whilst on call – he must be able to respond to emergency situations.The week he is on call he gets a call at 20:00 to come to work to fix the OHLE. He leave the house and arrives at work at 20:45. He works until 22:00.In this situation he was “on-call” from 20:45 to 22:00. As Mike is in a safety critical role, he must have 12 continuous hours rest between shifts. Instead of starting at 07:00 he now will start at 12:00. Alternative his manager could swap his rest day.

Scenario 2

Karen works on the OHLE, she works 7:00 to 15:00 each day and is on call one week in three.Whilst on call – she must be able to respond to emergency situations.The week she is on call she gets a call at 22:00, spends 15mins on the phone, she then gets a further call at 11:30 for 10 mins. She is not required to go into work. In this situation she is not classified as “at work”, she would start her normal shift the next day at 7:00

Scenario 3 (non railway)

Bill works in ICT, he works 9:00 to 17:00 each day and is on call one week in three.Whilst on call – she must be able to respond to emergency situations.The week he is on call he gets a call at 21:00 to come to work to fix a PC that’s causing problems with the PIDs. He leave the house and arrives at work at 21:45. He works until 22:15 In this situation he was “on-call” from 21:45 to 22:15. As Bill is not in a safety critical role, by law he needs 11 hours continuous hoursrest between shifts. Instead of starting at 09:00 he now will start at 09:15.

Scenario 4

Joe works on the OHLE, she works 7:00 to 15:00 each day and is on call one week in three.Whilst on call – she must be able to respond to emergency situations.The week she is on call she gets a call at 21:00, spends 10mins on the phone, she at 03:30 she was woken up for another issue this call lasted 20 mins. She is not required to go into work. In this situation she is not classified as “at work”, she would start her normal shift the next day at 7:00. If Joe felt fatigued then she must raise this with her manager due to the disruption in her sleep

Roundtuit  
#2 Posted : 11 February 2020 12:13:59(UTC)
Rank: Super forum user
Roundtuit

Apparently comments not appreciated

Edited by user 11 February 2020 14:19:21(UTC)  | Reason: reply

Eddscott  
#3 Posted : 11 February 2020 12:35:30(UTC)
Rank: New forum user
Eddscott

Roundtuit  you are confusing the law with internal agreements.  I know what On-Call is and what legally the directive states. Not sure if you know - but case law has stated if you are on the premise (e.g. a carehome) then this is classified as "being at work" even if you are not at work (e.g. sleeping over). What I am aluding to is an employee who goes home - they have finished their sift (e.g. a doctor) but may be called back to work in an emergency. In that situation the examples I have shown would come into effect.

stevedm  
#4 Posted : 11 February 2020 16:35:14(UTC)
Rank: Super forum user
stevedm

I only have examples from emergecy services...The issue pf what is working time and what is standby is not defined as you know...however European case law which has stated that time on call is to be regarded as working time...there is also a scottish ambulance case ET case that said the same thing...I will dig out the case law references in a bit and post...

Senario 1 - I don't have an issue apart from the manager shifting rest days...that may be an issue if for whatever reason he needs to change the rest day again within 7 days.

Scenarios 2 & 4 Seem to be the most difficult to square with the regulations...so I would say possibly not compliant...

Scenario 3 - seems fine.

You have to be pragmatic but all we have to go on for now is a hand full of case law exampels where is says stand-by/on call time is working time....

stevedm  
#5 Posted : 12 February 2020 08:48:40(UTC)
Rank: Super forum user
stevedm

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