Time on call away from the workplace can constitute working time – Expert Comments

Emma Grossmith
20th Aug 2014

The Employment Appeal Tribunal recently considered a case involving two ambulance paramedics who were required to cover nights on call at an ambulance station which was not their base station staying within a three mile radius of the ambulance station.

 

The tribunal ruled that this time spent on call constituted as working time as under these circumstances they could not enjoy the quality of rest they were entitled to receive under the Working Time Regulations.

 

This case will have implications for employers when ensuring that their employees take the minimum daily rest periods required in terms of the Working Time Regulations. Employees are generally entitled to daily rest of 11 uninterrupted hours. If you have an employee working on a day shift, who then spends a night shift on call, during which time they are subject to controls by you and which therefore constitutes working time, they may not obtain the daily rest they are entitled to receive in terms of the Working Time Regulations.

 

Read our full case summary here.

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