1. Introduction
On-call time presents a complex question under the Organisation of Working Time Act 1997. The Court of Justice has held that on-call time spent at the workplace counts as working time, while “standby” time at home may or may not count depending on the constraints imposed.
In Beirne v Health Service Executive the WRC awarded €31,666 to a hospital pharmacist for breaches of the 1997 Act and applied recent European case law to the question of whether on-call time at home constituted working time. This article considers the decision and its implications for the wider healthcare sector.
2. Legislation and Case Law
Section 2 of the Organisation of Working Time Act 1997 defines “working time” as any time that the employee is at his or her place of work or at the employer’s disposal, and is carrying on or performing the activities or duties of his or her work.
The Court of Justice in SIMAP v Conselleria de Sanidad C-303/98 held that on-call time at the workplace counts as working time, even where the worker is permitted to rest during periods of inactivity.
In Matzak v Ville de Nivelles C-518/15, the Court of Justice held that home-based on-call time may count as working time where the worker is required to respond within a very short period (in that case, eight minutes), which significantly restricts the worker’s ability to pursue personal activities.
Section 15 of the 1997 Act imposes a 48-hour weekly working time cap. Section 11 requires a daily rest period of 11 consecutive hours. Section 13 requires a weekly rest period of 24 hours preceded by daily rest.
3. Decision
The WRC found that the complainant’s on-call obligations, which required her to be reachable and available within a short response window, significantly constrained her personal life and amounted to working time within the meaning of Matzak.
Compliance with Sections 11, 13 and 15 of the 1997 Act was not maintained when the on-call hours were included in the working time calculation. Daily rest was frequently interrupted by call-outs, and the weekly working hours exceeded the statutory cap.
Compensation of €31,666 was awarded for breaches of Sections 11, 13 and 15. The award reflected the value of the lost rest, the breach of the working time cap, and the period over which the breaches had occurred.
4. Takeaway
Employers operating on-call rosters should review whether the response times required of staff significantly constrain their ability to pursue personal activities. Where they do, the on-call time should be treated as working time for the purposes of Sections 11, 13 and 15.
Healthcare employers should pay particular attention to the impact of on-call duties on daily and weekly rest. A pattern of disrupted rest may give rise to substantial WRC awards even where the on-call work itself is well remunerated.
5. Further information
This article was prepared for informational purposes only. For further advice, please email enquiries@crushell.ie or contact the offices of Crushell & Co Solicitors.
6. About Crushell & Co
Crushell & Co is a specialist law firm focused on protecting and advancing the rights of employees in Ireland. We offer a nationwide service, advising individuals on a wide range of legal and regulatory issues arising at work, including employment law, employment immigration and workplace accidents and injuries.
We help employees understand their position and options by translating complex legal issues into clear, practical advice. Our approach is tailored to each client, ensuring that our strategy is aligned with their personal and professional circumstances.
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