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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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What is the law the following day after being on

Customer Question

What is the law for working the following day after being on an emergency call out through the night.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me what time your working shift finishes and how long were you on a call out and what time did you have to go into work next day and has you company a policy on this please.

JACUSTOMER-la1sk6yi- :

The shift starts at 8am and finishes at 4.30 pm, then on stand bye for emergency call out until 8am the following day when the shift starts again sometimes there are no call outs but in this instance we had a call out at 2am and back home for 4.45am, we gave our engineer the next day off with full pay but not sure if he is only required to have a few hours off instead of the full day.

Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you

Ben Jones :

Thanks for your patience. The rules on working times and rest breaks are governed by the Working Time Regulations 1998. They state that an employee is entitled to an 11 hour uninterrupted rest period in every 24 hours. So you must ensure that this rest period is honoured, unless the employee decides that they do not want it, in which case they can forfeit it.

Saying that, these rules do not apply to:

  • Workers in excluded sectors (like sea, air and transport services)

  • Workers with unmeasured time, such as some autonomous decision-makers

  • "Special case" workers (Services relating to the reception, treatment or care provided by hospitals, residential institutions and prisons; Work at docks or airports; Press, radio, TV, postal and telecommunication services and civil protection services; Gas, water and electricity production, transmission and distribution, household refuse collection and incineration; Industries in which work cannot be interrupted on technical grounds; Research and development activities; Agriculture; The carriage of passengers on urban transport services.

So in general the 11 hour rest rule would apply unless the worker decides not to use it or they fall within any of the above exceptions.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you