On call and zero hours' workers

UK employment rights are set to be improved as a result of a European Court of Justice (ECJ) a ruling in a Spanish case on working time.

The issue was whether the working time of doctors on call had to be included in the calculation of their working hours. The court ruled that time on call while on the employer's premises is included, but any on-call duty where the employee is merely contactable does not count.

The ruling is important, not just for workers who have on-call duties, but also for those on zero hours' contracts. It means that an employer must take account of any hours that the employee spends on call on the premises when calculating working time for the purpose of the Working Time Regulations. It also suggests that there would be an obligation to pay employees at least the statutory minimum wage for those hours.

Union negotiators should use the ruling to calculate working time. They should also use it to argue for payment to workers while stood off, if they have to remain on their employer's premises.

(Sindicato de Medicos de Asistencia Publica v Conselleria de Sanidad y Consumo de la Generalidad Valenciana, The Times Law Reports, 18 October 2000)