Employment tribunal recognises on-call hours as working time for humberside forces covert authorities bureau workers

The tribunal, which convened earlier this year, heard that CAB staff were subject to a highly restrictive on-call schedule. They had to be available from 18:00 to 06:00 on weekdays and 24 hours a day over weekends. During standby periods, officers received a minimal on-call allowance, only earning hourly rates when actually called to work.

Represented by Thompsons Solicitors, UNISON members argued that this arrangement breached their right to a daily rest break under the Working Time Regulations 1998. They contended that employees should be compensated for the entire on-call period due to the significant constraints imposed, affecting their personal, family, and social lives.

The tribunal's task was to decide whether the entire standby period constituted working time or only the periods when employees were actively working. In a judgment issued earlier this month, the tribunal sided with the workers. It highlighted the severe restrictions on CAB members during standby, including the requirement to stay home or remain just minutes away from their workplace.

The tribunal emphasised that the nature of the work necessitated a level of alertness during standby periods, preventing employees from fully relaxing or engaging in other activities. Thompsons Solicitors praised the decision, noting its importance in recognising the impact of on-call work on employees' lives and upholding workers' rights regarding on-call duties.

Abi Agbaje-Williams, an employment lawyer at Thompsons Solicitors, commented: “This judgment affirms the rightful recognition of on-call hours as working time, underlining the significant restrictions which being on-call imposed on these UNISON members and rewarding the readiness they maintained during these periods. It validates the substantial impact on their personal time and justifies their decision to bring this claim. This ruling will help enforce workers’ employment rights regarding on-call duties.”