Working Time Regulations 1998 – does “on call” count?

If an employee is required to remain on call/on standby at the employers premises or at another place/location determined by the employer, the entire period of the on call time will count as working time for the purposes of the WTR (Working Time Regulations). This is because the employee will be deemed to be at their employers disposal.

However, where the employee is on call but is not required to remain at the employers premises or at another place/location (free to spend the time as they wish) this will not count as working time. If the employee is calling upon, only “active time” will count as working time under the WTR.

For advice on WTR or any other employment related issues, Lawgistics members can contact the legal team.



 

Authors: Roxanne Bradley

Published: 22 Aug 2018

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