Q&As

Is a worker who is ‘on call’ from Monday morning to Sunday evening one week each month entitled to an eleven-hour rest period in every 24-hour period during that period of on-call work?

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Published on LexisPSL on 01/04/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Is a worker who is ‘on call’ from Monday morning to Sunday evening one week each month entitled to an eleven-hour rest period in every 24-hour period during that period of on-call work?
  • The right to a daily rest period
  • The meaning of ‘working time’
  • Whether time spent ‘on call’ is working time
  • Whether any exception to the right to daily rest break applies

Consideration should be given to:

  1. the right to a daily rest period

  2. the meaning of ‘working time’

  3. whether time spent ‘on call’ is working time

  4. whether any exception to the right to daily rest break applies

The right to a daily rest period

Under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, a worker is entitled to a rest period of not less than eleven consecutive hours in any twenty-four hour period. The eleven hours do not have to be in the same day; so if the worker leaves work at 11 pm on Monday, they can start work at 10 am on the Tuesday, as they will have had eleven consecutive hours off (WTR 1998, SI 1998/1833, reg 10).

A 'rest period' means a period which is not ‘working time’, other than a rest break or leave to which the worker is entitled under WTR 1998, SI 1998/1833. Rest periods are therefore simply periods free from working obligations between successive periods of worki

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