On call

When on call for a care company, does the whole time you have the on call phone class as working time for NMW or is it only the time you are contacted that is classed as working time for NMW?

Hi Bernice Taylor,
The term “on call” is commonly used to describe an arrangement where a worker makes themselves available to respond to work as and when required.
A full understanding of the specific arrangements is necessary to determine what time is treated as working time for national minimum wage purposes.
However, any time a worker is responding to their employer during a period of being “on call” is treated as working time for national minimum wage purposes.
You can find out more information by visiting www.gov.uk/guidance/calculating-the-minimum-wage
Alternatively, if you require further assistance, please consider seeking independent advice, such as, by contacting the Advisory, Conciliation and Arbitration Service (ACAS), or an independent legal advisor.
Thank you.