Not even a call out yet. I usually get at least one although TBH I did have to call out the hospitals electrician on Friday (I get Monday and Tuesday off at Easter).
- posted
4 years ago
Not even a call out yet. I usually get at least one although TBH I did have to call out the hospitals electrician on Friday (I get Monday and Tuesday off at Easter).
Do you get a standby fee, plus £x per callout ?.
Just wondering how this would 'comply' with minimum wage ??
What's this minimum wage you speak of?
(its not something that has much meaning for many contractors and small business owners!)
Some care workers who stay overnight at a 'vulnerable' persons premises, claimed they were not being paid the mimimum wage for all the 'on call' hours. Last I heard there was a high court case, not sure what the outcome was. Would cost the local authorities big time if it went against them.
The NMW treatment of hours on "stand-by" is intensely fact-dependent. They are by no means always counted.
Not for Bank Holidays and weekends. We don't provide or advertise a 24 hour call out service but if a regular calls I will attend if I can [1].
When a specific call out service is required (usually the horse sales) I get paid a standby fee and a call out fee if called but I must be available and be there within the hour.
[1] Which usually means until I go to the pub. It's a gentleman's agreement with the boss and I am under no obligation to have to answer the phone. No one else at the firm would do it but for the few times I have been called out it's been worth it
AFAIK the Court of Appeal in 2018 was the final word on the subject so far. IIRC that was in summary that live-in carers are not entitled to NMW for hours where they have suitable sleeping accommodation available and can use it - i.e. they aren't awake for work.
In a so called Gig economy, we used to call it something less nice sounding, if you don't work you don't get paid, since in theory you are employed by yourself. Also a lot of lawyers in companies earn their money by designing contracts to circumvent the statutory rights using short term contract periods and other mechanisms. Brian
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