Legal Classification
Under landmark rulings by the European Court of Justice (ECJ) (such as SIMAP and Jaeger) and established UK employment law jurisprudence under the Working Time Regulations 1998 (WTR 1998), on-call duty spent at a location specified by the employer constitutes working time in its entirety. This applies equally to inactive or resting periods where no active work is performed, provided the worker is required to remain at the employer-designated premises.
The consequence: on-call duty counts fully towards the statutory 48-hour average maximum weekly working time limit (calculated over a standard 17-week reference period, unless an individual opt-out agreement is signed under Regulation 5) and cannot be treated as statutory daily rest (Regulation 10) or weekly rest (Regulation 11).
Distinction Between Forms of Readiness
| Form | Physical Location | Working Time (WTR 1998)? |
|---|---|---|
| Active readiness / Standby (Arbeitsbereitschaft) | At the workplace, in a continuous state of watchful attention | Yes, entirely |
| On-call duty (Bereitschaftsdienst) | Location determined or required by the employer | Yes, entirely |
| Standby / Remote on-call availability (Rufbereitschaft) | Freely chosen location, requirement to remain contactable | No (only time spent on actual call-out duties counts) |
Compensation & Remuneration
Health, safety, and working time limits under the Working Time Regulations 1998 are legally distinct from contractual and statutory remuneration rules:
- Contractual Pay: On-call periods may be remunerated at a different or discounted hourly rate compared to standard active working hours, provided this is agreed in the contract of employment or applicable collective agreement.
- National Minimum Wage (NMW) Compliance: Under the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 2015 (following the Supreme Court ruling in Royal Mencap Society v Tomlinson-Blake), whether time spent sleeping or inactive during an on-call shift attracts the National Minimum Wage depends on whether the worker is "working" or merely "available for work" with sleeping facilities provided. However, any hours of active work during the shift must strictly satisfy the National Minimum Wage thresholds on average across the relevant pay reference period.
Recording & Time Tracking
Because the full duration of employer-designated on-call duty counts towards statutory limits (including the 48-hour maximum weekly working limit and mandatory 11-hour daily rest intervals), employers must record it accurately using dedicated time-tracking categories. Maintaining precise, audit-proof electronic time records ensures compliance with Regulation 9 of the Working Time Regulations 1998, HMRC National Minimum Wage inspection standards, and UK employment tribunal scrutiny.
- Updated on