On-call resources

Since 1 April 2011, on-call allowances are agreed locally and should be consistent with the principles for harmonised on-call arrangements set out in Annex 29 of the NHS Terms and Conditions of Service (TCS) Handbook. Payment for work done on-call will be at the appropriate hourly rate in line with the relevant provisions in the handbook.

For the purposes of these FAQs and scenarios the definition of on call-call is when a member of staff, as part of an established arrangement with their employer, are available outside their normal working hours – either at the workplace, at home or elsewhere – to work as and when required. For further information, see section 2.25 of the NHS TCS Handbook. 

Question 1. What is the difference between 'on-call' vs 'work done on-call'? 

A member of staff is 'on-call' when, as part of an established arrangement with their employer, they are available outside of their normal working hours (either at the workplace, at home or elsewhere) to work as and when required. 

This definition emphasises that the core element of on-call is the agreement to be available outside normal working hours

'Work done on-call' is when an employee is called to carry out work whilst on-call, including any work done at home.

Compensatory rest:

Workers are entitled to a minimum of 11 consecutive hours of rest in each 24-hour period. If this rest period is interrupted due to work done on-call (WDOC), compensatory rest, equivalent to the time missed must be provided.

Question 2. What should happen if a worker cannot take the compensatory rest straight away? 

When possible, compensatory rest should be taken immediately following the on-call period. However, if this is not possible, line managers should ensure that the unused entitlement is claimed as a period of equivalent compensatory rest and taken as soon as possible thereafter, as agreed by the worker. 

Question 3. What is the procedure for recording interruptions to rest periods and the process for scheduling compensatory rest?

Employers must keep records, which will be available to locally recognised unions (via their health and safety representatives). An equivalent period of compensatory rest must be agreed between the worker and line manager to be taken as soon as possible.

Question 4. What happens if compensatory rest period impacts a worker’s next rostered shift?

When the entitled period of compensatory rest cannot be taken due to clashes with upcoming shifts, the employer should make arrangements to allow equivalent compensatory rest as soon as possible after the shift.

Question 5.  What happens if staff are required to sleep in on NHS premises for a specified period?

Local agreements should be made for a compensatory rest period. 

On-call and calculating entitlement:

Question 6. When is an on-call allowance included in the calculation of other entitlements?

Sick pay

If an employee is off sick for a non-work related reason, full pay is pay which is in line with the appropriate pay point in the relevant pay circular (Section 14.5) based on their years of service (Section 14.2) and would not include on-call allowances. 

On-call allowances are only included in sick pay calculations where the member of staff is absent due to a work-related injury or disease, sustained or contracted in the actual discharge of their duties (Section 14.4). This will include on-call allowances and on-call payments where these are normally paid at regular intervals. An allowance which has not been paid in the reference period will not count.

Redundancy

Redundancy payment calculations should include regular on-call allowances, or those paid during the required reference period. See section 16.8 which confirms that calculations will be based on pay received in the relevant reference periods defined in the Employment Rights Act 1996.

Leave and pay for new parents

Leave and pay for new parents should include regular on-call allowances, or those paid during the required reference period, as per sections 15.22, 15.39, 15.63, and 15.114 which confirm pay will be calculated using the average weekly earnings rules used for calculating statutory maternity pay entitlements.

Unsocial hours

Payment for unsocial hours will not include on-call allowances. As per section 2.8, payments for unsocial hours will be calculated using basic pay.

Pay during annual leave

Section 13.9 of the NHS TCS Handbook states:

"Pay during annual leave will include regularly paid supplements, including any recruitment and retention premia, payments for work outside normal hours and high cost area supplements. Pay is calculated on the basis of what the individual would have received had he/she been at work".

• For staff who have regular hours the reference period should be based on the previous three months at work or any other reference period that may be locally agreed.
• Effective from 6 April 2020, for staff who have irregular hours, the reference period should be based on the last 52 weeks. When calculating the 52 full weeks of pay, employers are limited to referencing the previous 104 weeks from the date the leave begins.

Further information

See section 2, section 27 and annex 29 of NHS Terms and Conditions of Service Handbook.

NHS Staff Council on-call guidance.