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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47337
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We currently have the following in place: Engineers who work

Customer Question

We currently have the following in place:
Engineers who work 7:30 til 16:30 with 1 hour 15 minutes break, they work on a shift pattern of 8 days on, 2 days off, 2 days on, 2 days off so 10 out of 14 days.
We have a requirement to provide on call support between the hours of 16:30 and 7:30 am – this would mean that the individual who is on call would leave at 16:30, go home and be available between the hours 16:30 – 7:30. We intend where possible to ensure the engineer has 11 hours rest in each 24 hour period and on occasion where this is not possible to provide compensatory rest.
We have consulted ACAS but they have said that the rule is 11 hours rest between shift rather than the 24 hour period which would mean we couldn’t implement it.
Submitted: 1 month ago.
Category: Employment Law
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 month ago.

So what is your specific question in relation to this?

Customer: replied 1 month ago.
Are we legally allowed to have someone on call after they have worked their 7:30 am - 16:30pm shift?
Customer: replied 1 month ago.
I don't want to do the call, I would like to continue with getting the answer online.
Expert:  Ben Jones replied 1 month ago.

OK no problem at all and thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 month ago.

Many thanks for your patience. The legal position is that “An adult worker is entitled to a rest period of not less than eleven consecutive hours in each 24-hour period during which he works for his employer.”

However, that is not a strict requirement, in sense that some industries may require the provision of 24 hour services, like care work, security, engineering cover, etc. If a worker is not able to get their daily rest as stipulated above, mainly because there is a continuous need to provide a service, then you can indeed provide compensatory rest instead. Also the time on call may not necessarily amount to working time. If they are at home and not required to do anything unless they are called, the time waiting on call is not going to amount to working time so won’t count.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 1 month ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 1 month ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 1 month ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks