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#30552 - 07/05/08 08:41 AM
Re: T.O.I.L / On Call
[Re: Dave H]
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Paul Allum
Visionary
Registered: 30/11/05
Posts: 39
Loc: Kent
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AFC is VERY clear on this. For ALL time spent on-call you should get equivalent toil
"13.4 Staff required to work or to be on-call on a general public holiday are entitled to equivalent time to be taken off in lieu at plain time rates in addition to the appropriate payment for the duties undertaken (see Section 2)."
You don't need to be called out, just to be on-call
My Trust decided that equivalent time was exactly that and that if you only worked 3 hours you got 3 hours toil. This backfired rather badly when those on-call for the whole day put in for 24 hours lieu 
If you are not on AFC on-call terms then your previous terms may apply but either way for the period you were on-call you should get at least 2 and preferably 6 days lieu.
Don't forget that no matter what HR/Finance say about overtime/lieu the AFC agreement is black and white on that too:-
"3.5 Staff may request to take time off in lieu as an alternative to overtime payments. However staff who, for operational reasons, are unable to take time off in lieu within three months must be paid at the overtime rate."
NOTE that under AFC, STAFF must ask for toil NOT be told thats all they'll get
So even though for BH you always get lieu, if you can't take your 6 days within 3 months you MUST be paid overtime rates 
Edited by Paul Allum (07/05/08 08:52 AM)
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#30556 - 07/05/08 09:34 AM
Re: T.O.I.L / On Call
[Re: Topper]
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biomedbill
Savant
Registered: 22/07/05
Posts: 121
Loc: south yorkshire
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I think that you should fight this decision. It is totally wrong. Whether you are called out or not, you have given up a holiday and you should get it back. I'm assuming that you were on call during normal working hours. I tried to argue once that being on call from midnight to 9 o'clock in the morning was nine hours of the bank holiday but I was laughed out of the office.
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#30557 - 07/05/08 09:50 AM
Re: T.O.I.L / On Call
[Re: biomedbill]
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Lee S
Master
Registered: 17/09/06
Posts: 205
Loc: Hereford
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In the old days we used to do 9 periods of on call per week, 7 were 16.00 to 8.00 and 2 of 8.00 to 16.00 on the weekend.
On a Bank Holiday there would be an extra 8.00 till 16.00 period to cover the day; doing on call during a Bank Holiday period entitled you to a day of in lieu as well as a payment for being on call.
Until management changed the on call rota to run Wednesday to Wednesday both the person finishing on call at 8.00 and the person taking over got a day of in lieu.
Lee
_________________________
Don't forget "we've never had it so good".
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#30586 - 08/05/08 09:48 AM
Re: T.O.I.L / On Call
[Re: Topper]
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Eddie
Sage
Registered: 21/02/02
Posts: 510
Loc: Jeddah
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As far as I know it varies from trust to trust. If its written in to your contract then I'm afraid your obliged to cover O/C!
Ed
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#30588 - 08/05/08 09:59 AM
Re: T.O.I.L / On Call
[Re: Topper]
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Lee S
Master
Registered: 17/09/06
Posts: 205
Loc: Hereford
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I would presume that as it is mentioned that it may be required in your JD then your management can and will say that it is required.
One of the supporting factors when evaluating the JDs for banding was the level of autonomy, obviously when you are on call you are not supervised, so management could argue if you drop on call they need to change your JD and hence your banding. (just looking on the bright side as ever)
Lee
_________________________
Don't forget "we've never had it so good".
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#30592 - 08/05/08 10:19 AM
Re: T.O.I.L / On Call
[Re: Eddie]
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Geoff Hannis
Hero
Registered: 12/02/04
Posts: 3026
Loc: the path less trodden
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Yeah, it should all be a matter of Trust! 
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#30600 - 08/05/08 10:53 AM
Re: T.O.I.L / On Call
[Re: Geoff Hannis]
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biomedbill
Savant
Registered: 22/07/05
Posts: 121
Loc: south yorkshire
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We had this argument a few years ago and it was argued that on-call was voluntary. We went through a similar process to AFC several years before called Medequate. All staff were graded from 1 to 17 dpending on the results of their job questionnaire. We got points for being on-call but a few years later we merged with the other main trust in our city and their biomeds were put on the same grade as us. It turned out that less than half of the "others" were on-call. So we were able to keep our grades and be able to turn down the offer of on-call. Check the wording on your JD, most say that on call is "expected" not many will say that it is mandatory. The point to mention to your bosses is that on-call is outside your contracted hours therefore cannot be imposed. If you are offered on-call, tuning it down should have no bearing on your ablility to to do your job and as such should not affect you working grade or your future progression.
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