In this case of Truslove & Anor v Scottish Ambulance, the Claimants were ambulance paramedics who sometimes were required to be on call at night, away from their home base station. They were required to stay at accommodation of their choice within a 3 mile radius of the main ambulance station and had to meet a 3 minute response target.

The issue for the tribunal was whether time spent on call in this way was “working time” such that the employees needed a rest break during it and daily rest after it. The Employment Appeal Tribunal held that the question is whether the individual is obliged to be present and remain available at the place determined by the employer. If so, that is work and not rest, even if they are not doing anything. The time is not really their own. So, here, the time spent on-call was working time because the employee had to be in a certain location and was not free to enjoy ‘time-off’. The employees were therefore entitled to a separate rest break during this time to meet the requirement of the Working Time Directive.

Any employers therefore who require employees to be in a set location or to comply with set requirements whilst “on-call” must ensure they afford breaks to their employees during this time and rest periods after it.

This website uses cookies to ensure you get the best experience on our website. Learn more

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Find what you were looking for?

Our FREE resources library contains over 200 searchable blogs, guides and templates focused around Employment Law and Health & Safety issues that employers face on a day-to-day basis.

Get your FREE consultation

Submit your details and one of our team will be in touch.

Request a Callback

Get your FREE consultation

Submit your details and one of our team will be in touch.

Hi, how can we help?
Click the button below to chat to an expert.

Request a Callback

Submit your details and one of our team will be in touch.

Search...

Request a callback

Submit your details and one of our team will be in touch.

Download your FREE guide

Submit your details below.

Get your FREE consultation

Submit your details and one of our team will be in touch.

Register your interest

Submit your details and one of our team will be in touch.

Before you go…

We can help with that HR problem or health and safety query. If you’re an employer, leave your details below and our team will call you back.

Get your FREE consultation

Submit your details and one of our team will be in touch.

Get your FREE consultation

Submit your details and one of our team will be in touch.

Need some help?

Call our team now on:

01244 668 182