On-call working hours

From extra manpower to access to senior expertise in emergencies, having on-call workers available to you at such short notice provides several benefits.

However, this type of working pattern can be difficult to manage, particularly you’re your employees expect a certain level of flexibility. Managing on-call workers well and with respect for UK employment laws is essential. Not only to keep your staff happy and motivated but to stay compliant with working time laws.

In this article we will uncover the use of on-call working hours in businesses and how to manage these fairly and legally. 

What are on-call hours?

On-call workers or ‘standby employees’ are often used within the healthcare industry or as part of the emergency services. They are workers who, while not physically present at work, are required to attend work or work outside of their regular hours on short notice.

Industries where on-call hours is common include:

• Healthcare

• Emergency services like the police and fire brigade

• Hospitality services operating on a 24/7 schedule like hotels

• Some education providers such as boarding schools

• IT infrastructure

A good example of this is an emergency doctor. After completing a string of regular hours, they may be placed on standby in case they are required to return to work in an emergency.

While having workers on-call is an excellent way to access additional resources and to boost your team’s manpower, there are rules you must follow implementing this type of working arrangement.

To stay compliant with UK employment laws understanding whether ‘on-call’ hours are considered “working time” is essential. The definition of which may be different for both The National Minimum Wage and The Working Time Regulations.

What’s working time for WTR?

As discussed in our guide on the Working Time Regulations 1998 for employers, the WTR dictate the laws regarding working hours in the UK. The WTR applies to most employees and sets a maximum average working week of 48 hours. Also determining mandate minimum rest periods and the option to op-out.

The definition of “working time” for WTR is defined as ‘any period a worker is carrying out their duties, at their employer’s disposal. This may include receiving relevant training and anything that is contractually designated as working time’.

Understanding what the definition of working time is and when an on-call worker is considered to be “working” is essential.

On-call shifts and the National Minimum Wage

The National Minimum Wage Regulations 2015 consolidated rules and policies regarding the minimum wage, particularly for different types of work, including on-call shift work.

The definition of “working time” for the national minimum wage is define as ‘being at work and required to be working, being on standby or on-call near the workplace, and undertaking training is not at the normal place of work but where you an employee would otherwise be working’. This definition also includes time spent travelling for business or training and time spent waiting for a job to start or for goods to arrive.

This does not include:

• Annual leave and holidays

• Time spent travelling between work and home (commute time)

• Rest breaks from work

When is on-call time considered working time?

When the national minimum wage applies to the working time of on-call workers includes:

When a worker is required to be at work or near the workplace:

If your employee is contracted to stay on your work site or must be available to work, this is considered working time under NMW regulations, even If work duties are not completed at this time.

When a worker is required to be present or available:

If at any point during an on-call shift a worker is required to be present, even if they can not complete a work duty, they are entitled to NMW calculations.

When a worker is awake and actively engaged in working duties:

If a worker is on-call during the night but is awake and actively engaged in work duties, then they are covered by NMW regulations.

The NMW typically does not apply to on-call shifts where the workers are sleeping or is at home waiting for a call to work.

When sleeping counts as working time

Under the Working Time Regulations, an employee required to ‘sleep-in’ during their shift is considered working even when sleeping, if:

• They are required to remain on site

• Are required to respond to work duties

• Can not leave the site during the shift

This usually applies in the case of care workers or security personnel. For example, when a care worker is provided sleeping facilities, a bed to sleep and can use the care home’s facilities but must respond to the needs of the residents at any time.

Whereas, if a worker is on standby at home, and can sleep awaiting a call to work, such as a member of the police force, the time spent sleeping is not usually considered ‘working time’. However, this may depend on the amount of freedom the police officer has while at home.

This is a complicated area of employment law and should be addressed with the support of HR and employment law experts. If you need help to understand your roles and responsibilities when employing staff to work on-call, get in touch with our BrightAdvice employment law helpline.

Sleeping time and the National Minimum Wage

After a breakthrough Supreme Court Ruling in 2018, it was determined that workers on a “sleep-in shift” are only entitled to the national minimum wage whilst awake and carrying out working duties. However, this may differ if the worker is required to be sleeping on-site and required to carry out duties. It is essential that you outline when a worker gets paid during a sleep-in shift within your employment contracts to stay compliant with the law.

Are on-call staff entitled to enhanced pay?

There are no legal obligations for a business to pay on-call staff an inflated rate of pay although this is very common.

In the healthcare sector, and particularly the NHS, this is widely used to supplement staff for their time. The amount, and how this is paid will be determined by individual sectors, departments and the nature of the on-call work duties. 

Rest periods for standby workers

Rest periods for workers depends on whether they are ‘working’ during this time, If a work is free to spend the on-call time as they choose, then rest breaks do not apply. However, the same breaks at work rules apply if they are contractually obligated to comply with certain requirements while on-call.

Challenges of managing on-call employees

Managing on-call employees presents several challenges to employers. 

These include: 

• Scheduling difficulties: On-call schedules are complex, and employees work unpredictable hours, which makes it difficult for managers to schedule work around employees' personal commitments. 

• Fair compensation: Determining appropriate compensation for on-call work can be complex. 

• Employee burnout: Continuous on-call demands can contribute to employee burnout. That’s why employers should implement support systems to help employees cope under pressure. 

• Communication: Employers have the additional duty of defining expectations for on-call work and communicating this effectively can be complex.  

These are just a few of the challenges that come with managing on-call employees, but businesses can mitigate many of these challenges by implementing clear policies and providing support where necessary. 

How to manage on-call working arrangements

Managing on-call shifts requires a strategic approach that includes clear policies, fair scheduling practices and effective communication tools. 

Establishing clear policies

Clearly outline to employees what being on-call means, including responsibilities, response times, and other expected tasks. Include guidelines on rest periods and right-to-disconnect policies. 

Some businesses operate a strict on-call policy. Outlining when and where employees can spend their time while on standby. In some cases, an employee may be required to stay within the workplace, while others may only be permitted to stay within a set radius of their workplace. Doctors are often required to stay within a close distance of the hospital, for example.  

Transparent scheduling

Use a fair system for distributing on-call shifts to prevent burnout and where possible, offer flexibility. 

Effective communication tools

Implement employee scheduling software that allows employees to view their shifts and enables them to swap shifts easily. An online shifts and rotas tool is an excellent solution to tackle employee scheduling complexities before drama ensues between staff.

How HR software can help you manage on-call employees

HR software can significantly enhance managing on-call employees by streamlining the process and improving communication. 

Here are a few of the benefits: 

• Automated scheduling: HR software includes advanced scheduling tools that allow managers to create and manage shifts. Employees can view this data in real-time, reducing schedule conflicts. 

• Reminders and alerts: The software can send alerts to employees notifying them of their upcoming shifts. 

• Compliance: HR software can help you document and manage policies related to on-call work and ensure all employees know their rights. It also maintains up-to-date records of on-call hours, which are essential for compliance. 

Get help with scheduling and tracking on-call shifts

If you're looking for HR software that can help you balance the needs of your business and employees, while streamlining admin, BrightHR is here.

With our advanced software features, you can create schedules for any working pattern and get 24/7 support for any HR or employment law query you have.

See for yourself how BrightHR can help your business but book a free software demo today.