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Ben Jones
Ben Jones, UK Lawyer
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If my contract say "take part in out of hours rota" is it

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If my contract say "take part in out of hours rota" is it legal for my employer to ask me to take an out of hours phone to be on call all night from after 5.30pm to 8.30am and over the whole weekend for a whole month. No additional money on offer. Possibly disrupted sleep , interrupted leisure time etc. I would not have to go o site but should be avalable to answer the phone.
Customer: replied 25 days ago.
We used to have an out of hours rota for sat am and tues eve and got time off in lieu. This is no longer in place. We also used to get a £10 per month allowance for the phone but they stopped that too. I had a breakdown last time i was due to go on call and was off work for 3 months last august and they now want me to take it again but i feel it is overly intrusive, a liberty as we are not paid and it mkes time away from work - technically as if at wotk.

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

How long have you worked there for? Also are you restricted in what you can do when on call? I presume you can go anywhere as long as you have your phone with you?

Customer: replied 24 days ago.
I have been there 6 and a half years. Yes allegedly you are free to engage in your usual leisure activity - albeit that the dinner out or the gym session runs the risk of being interrupted by a call

Thank you. The employer’s request would not be illegal as such. If you look at the wording of the clause, it does state that you can be asked to take part in an out of hours rota and technically speaking, being on call can be an out of hours rota covering the work. As you are not in the work premises or at a place determined by the employer, this time will not amount to working time and as such you will not be entitled to be paid for it by law. It will not count towards you working hours. You will only be paid for it if your contract allows it. If you are unhappy about this then you can still consider challenging the employer over it, such as through a grievance. I would however suggest that this is done as a group grievance, where a number f employees affected by it rise it together, to avoid the employer singling you out over it.

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