Can My Employer Force Me to Be On Call?

Can My Employer Force Me to Be On Call is a question we are often asked. In the contemporary workplace, the expectations placed upon employees have evolved significantly, particularly with the rise of technology and changing work cultures. One of the more contentious expectations that employees may face is being on call. The question of whether an employer can legally compel an employee to be on call in England and Wales encompasses various factors, ranging from employment contracts to specific legal obligations. This blog post aims to delve into the complexities of this issue to provide clarity for both employees and employers.

Understanding On-Call Work

On-call work refers to the practice where an employee is required to be available to work at certain times outside their normal working hours. This could mean being reachable by phone, remaining close to the workplace or being ready to respond to emergencies or urgent tasks. Depending on the industry and specific job roles, being on call can vary greatly in terms of expectations, frequency and compensation.

The Legal Framework

In England and Wales, the legal right to be on call is largely influenced by employment law, contracts and workplace policies. The primary legislation governing employment rights includes the Employment Rights Act 1996, the Working Time Regulations 1998, and the Health and Safety at Work etc. Act 1974.

1. Employment Contracts: The first point of reference for any discussion on being on call is the employment contract. Employers must specify whether being on call is a requirement within the contract. If the contract includes clauses that mandate being on call, employees are typically obliged to comply. However, if no such clauses exist, employees may argue against the requirement.

2. Working Time Regulations: According to the Working Time Regulations 1998, ‘on-call time’ can be classified either as working time or non-working time, depending on whether the employee has to stay on the work premises or is free to spend their time as they wish. Employees who are required to remain at their place of work or are restricted in their movements may be considered to be ‘working’ during on-call hours. This classification has significant implications for the calculation of working hours, breaks and pay rates.

3. Health and Safety Considerations: Employers have a legal obligation to ensure the health and safety of their employees. This includes considering the impact of on-call work on employee well-being. If being on call interferes with an employee’s ability to rest and recover adequately, this could potentially lead to claims for excessive working hours or unhealthy work practices under health and safety legislation.

Employee Rights and Employer Obligations

Employees have rights that protect them against unreasonable requests from their employers. It is not uncommon for employees to feel pressured to be available outside of normal hours, especially in high-demand industries like healthcare, IT or emergency services. However, employees should not hesitate to voice their concerns if they feel that being on call is excessive or unreasonable.

Employers are obligated to:

– Provide clarity regarding the terms of being on call.

– Compensate employees adequately for their on-call duties.

– Maintain a healthy work-life balance for their staff.

Compensation for On-Call Work

One of the significant areas of contention regarding on-call work is pay. Employees who are required to be on call may rightly question whether they should be compensated for their availability. The law is not definitive on this matter, and it often depends on the employment contract and the specific context of the on-call arrangement.

Generally, if an employee is actively working while on call, they are entitled to receive their standard pay. If being on call is considered ‘waiting time’ that is not necessarily tied to active work, compensation may differ. Employers should ensure that their pay policies are compliant with applicable laws and fair to their employees, and to avoid legal disputes, clear communication about compensation for on-call work is essential.

Conclusion

In conclusion, whether an employer can force an employee to be on call in England and Wales is dependent on several factors, including employment contracts, the legal framework surrounding employment rights and the specific circumstances of the workplace. Employees should be informed about their rights and employers should ensure any agreements regarding on-call duties are documented in their employee’s contracts.

Open communication between employers and employees regarding expectations, compensation, and work-related pressures is crucial in nurturing a healthy workplace environment. Both parties must navigate the delicate balance between operational demands and employee well-being to foster a productive and supportive working relationship.

Employees who feel they are being unfairly compelled to be on call should seek advice or support from us or trades union to explore their rights and options.

At Alexander JLO we have decades of experience of dealing with all aspects of employment law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner Peter Johnson on 13th June and is correct at the time of publication. Peter has over 40 years’ experience in the areas of Employment Law and is a member of the Employment Lawyers Association.

Peter’s profile on the independent Review Solicitor website can be viewed here.