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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47412
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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If I'm on call and get paid, I'm told I also owe the company

Customer Question

If I'm on call and get paid, I'm told I also owe the company those hours?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What does your contract say about this?
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What does your contract say about this?
Customer: replied 1 year ago.
This is not stated in contract but I can re check. I also was rostered to work a shift , cancelled at 530pm, I was due to start work 8pm, I'm told I owe these hours ?
Expert:  Ben Jones replied 1 year ago.
If you can check the contract please that would be great as it would depend on what is there. Also can you please clarify what you do whilst on call and are you at home during that time?
Customer: replied 1 year ago.
Hi I'm a Nurse, when on call have to stay home.
Expert:  Ben Jones replied 1 year ago.
ok thanks please check the contract and get back to me
Customer: replied 1 year ago.
No it's not in the contract.
Expert:  Ben Jones replied 1 year ago.
Hello, in general on call time is not classified as working time and is not subject to renumeration or count towards your working hours when calculating your pay. It can amount to working time if your on call duties are spent on the employer’s premises but as you are at home it does not amount to working time. Therefore, you cannot legally expect to be paid for it. The employer is able to pay you for it if they wanted to but they do not have to. They could also have a policy in place which states that if you do get paid whilst on call you would owe them those hours because after all you were paid for time when you would not normally be entitled to pay. They can then offset those by asking you to make up the hours you have been paid for by doing actual work another time.The issue here is that there appears to be no clause or policy dealing with this so without one the employer cannot just expect you to do as requested. So you should challenge them on those grounds and make it clear that that you are not bound by any such rules as they do not appear to exist. They can however just stop paying you for on call time unless you are called in and that would have the same effect.I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Could I ask if a shift is cancelled usually given 4 hours notice . Would those hours still be owed, as this is not classed as on call.
Expert:  Ben Jones replied 1 year ago.
So let me clarify - you are called in to do a shift, the shift is cancelled at short notice, but are you paid for the hours you were supposed to work? Are they asking you to owe the hours you were due to work?
Customer: replied 1 year ago.
Hi
Yes we get paid, but are also told to owe the hours .
Customer: replied 1 year ago.
This is not an on call shift .
Expert:  Ben Jones replied 1 year ago.
You have essentially been paid for time when you have not worked so they can ask you to give back the hours at a later stage, or they could deduct the pay you had received because after all they are not obliged to pay you for time when you are not working. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.