The obligation to undertake on-call is in my contract of employment but I have never been asked to be on the on-call rota as part of my job. Can I be made to go on the on-call rota now or is the trust required to consult?
- In theory, if on-call is in your contract of employment it can be enforced by the trust. However, the CSP would argue that where on-call has not been applied previously it could be deemed to be a material change in contract and would require consultation. Your trust should also consider any support/training that you may require to ensure your competency before making any changes. Contact your CSP steward in the first instance if this has happened to you.
Can I refuse to be on the on call rota?
- If the requirement to be part of the on call rota is explicit in the employment contract or in the relevant job description then staff cannot refuse to take part through personal preference.
Can I do fewer on-calls because I’m part-time?
The participation of part time staff in the on call rota must be determined locally and will depend on the extent of the on call service provided and the size of the department. There is no guidance in law on the management of part time staff related to on call or weekend working.
The trust should ensure that there is a fair, transparent and agreed process within the department which includes the following:
- Eligibility / exemption from the rota
- Expected frequency of on calls
- Arrangements for covering sickness
- Compensatory rest arrangements
From when am I entitled to be paid for on-call?
- Staff who are available for an on-call session are entitled to the availability fee. You will be regarded as working from the time at which they are required to undertake any work-related activity. Therefore, working time begins when a referral is made, often over the telephone and ends when the member arrives home again, including travel time. Staff who are on standby duty, who remain in the workplace, will be regarded as working for the whole duration of the period.
I have a health condition that makes working at night difficult. Can I request to come off the on-call rota?
- This can depend on a number of factors related to your health condition and what adjustments may be required and medically evidenced. Under the Equality Act 2010, employers are required to make reasonable adjustments for staff who have a disability and this may include adjustments to working patterns or on-call duties. Members should see the following webpage for more info on reasonable adjustments:
https://www.csp.org.uk/workplace/workplace-rights/reasonable-adjustments
I am returning from long term sick and would prefer not to undertake on-call on my return, can I request this?
- As part of a return from long term sickness absence you should have a discussion with your manager about support that can be put in place to help you back to work. Your employer may put in place a phased return which would see a gradual build up of your duties over time. As part of this return, you can request to come off the rota for a period of time and this can be considered as part of this process. It can be easier to establish the need to come off the rota if there is medical evidence available to support your request, for instance from occupational health or from your GP. It would be particularly important for employers to also consider any other needs which might not be directly linked to helping a staff member’s medical condition, for instance, building confidence and competency where a staff member has been off for a long time. Arrangements under phased returns are temporary and there would be an expectation that you return to the rota after a period of time.
My trust’s policy provides that we must be at bedside within 30 minutes of the call. I live over 30 minutes away from work. What can I do?
- Trusts set their own on-call policies locally and some have longer time to bedside than others. If you live further away than the specified time then there is an expectation that you will stay locally in order to ensure that you can attend within the specified time. This could mean staying in trust provided on-call accommodation. Likewise, when on-call, you should not travel outside of the specified time area. If you repeatedly fail to attend on time the trust may take disciplinary action. On-call policies should be reviewed regularly and data collected around appropriateness of on-call procedures. If you feel that the time set by your trust is too short, we would recommend speaking with your workplace steward with a view to raising this and asking for the policy to be reviewed.
The on-call accommodation at my trust is not nice at all. The rooms are not cleaned for weeks on end and there is very little provision. For instance, there are very limited kitchen facilities and what’s there is either broken or dirty. What can be done about this?
- Trusts should provide appropriate on-call accommodation for staff who are not able to reach work in the required time from home. Although the CSP cannot insist on what should be provided, the CSP would expect all trusts to provide accommodation which is clean, fit for purpose and ensures that members are safe. It is our view that basic provisions such as appliances to heat food (such as microwave and oven) and utensils should be provided. Where members feel the accommodation provided is not appropriate, this should first be reported to your manager and discussed with your CSP workplace health and safety representative.
I am on the on-call rota nearly every week, is this fair?
There should be agreed maximum number of on-call slots/commitments. This should be detailed in the trust policy or self-rostering guidance. This is the best way of ensuring that staff are not expected to cover excessive on-call slots including weekends.
The commitment of individuals on other compulsory and voluntary rotas should be considered when planning frequency of rotas.
The system for allocating on-call shifts should be fair and transparent. The CSP advocates for a self-rostering system, which has oversight from management. However, it is often a manager who rosters for on-calls. The system for allocation of on-call shifts should be clear and set out in the service level on-call policy/process.
Rostering should be done well in advance, giving at least 17 weeks’ notice, however this should be agreed through negotiation and included in the on-call policy/process. It is essential that rotas are published in good time to allow staff to plan and arrange their personal lives and commitments so they can meet their rota slots or change/swop their slots to align with annual leave and or personal needs.
If you feel that you are scheduled to be on-call too much/more than others, raise this with your line manager in the first instance. If they are unable or unwilling to address your concerns, please contact your workplace steward who can support you with raising this more formally.
I was off sick for one of my on-call rota slots, can I be asked to make this up?
- No. If you are off sick for rota it should be treated the same as any other shift for which you report sick and therefore you should not be asked to make up this slot.
My trust has not reviewed on-call pay rates for 10 years, even though we have seen pay increases to other elements of pay. How can we go about changing this?
- On-call rates are set differently depending on which country you are in. See page What is set across the UK. Pay is only negotiable locally in England and is therefore set by the trusts. The first step would be to contact your workplace steward as they can raise this with management. Many CSP stewards attend local staff side meetings with other trade unions and we have found in the past that working with other affected unions to raise and address this is often more successful. Often if the physio on-call pay rate has not been reviewed then neither has the on-call rate for other services. Your CSP steward can also advise on other options, such as using the collective grievance process.
Can I opt out of the on-call rota while pregnant?
- There is no automatic right to opt-out. However, you should discuss your duties and any adjustments you may require, including on-call duties, with your line manager and keep any adjustments under review as your needs change throughout your pregnancy. On-call should be considered as part of your expectant mother’s risk assessment.
Can I opt out of the on-call rota on my return from maternity leave?
All employees have the right to request flexible working from day one of employment in the NHS. This request may include coming off the on-call rota.
The employer is not obliged to grant flexible working requests but they must provide written, objective reasons why they cannot accommodate the change in hours or duties. You should see your local flexible working policy, Section 33: Balancing Work and Personal Life of the NHS Terms and Conditions handbook and discuss with your local steward.
