In short
- On-call time at the workplace is working time. Standby elsewhere usually isn't, unless you tightly control where the worker is and what they do.
- The minimum wage isn't due for standby at home. On-call allowances don't count towards it unless consolidated.
- In the lumi reward benchmark, 34.2% of organisations pay the on-call allowance per day (n = 149).
- Guaranteed hours and shift notice rights for zero- and low-hours workers are expected in 2027.
- By the end you will have a standby structure, call-out rules and a costed rota.
Before you start
Legal basis. The Working Time Regulations 1998 [2], the National Minimum Wage Regulations 2015 [6], and sections 1 to 4 of the Employment Rights Act 2025, not yet in force [11]. This guide covers England, Wales and Scotland.
Who is involved. Reward, HR, payroll, finance, rota managers, and representatives where terms are collectively agreed.
What you need: rotas; a call-out log (time, length, remote or on site); contracts; pay rates near the minimum wage; and a list of zero- and low-hours workers.
Step 1: Map where you need cover
List each service that needs cover outside normal hours. In the lumi reward benchmark (full findings), 45.1% of organisations run no on-call or standby rota; 34.1% run one in IT / Technology and 31.4% in Engineering & Maintenance (n = 264, more than one answer allowed).
◆ Decision: standby or rostered shifts.
For extended-hours IT cover, on-call standby only is common (24.4%) and rostered shifts are an alternative (21.6%) (n = 250).
Step 2: Set the standby rules and protect rest
Working time is any period when the worker is working, at the employer's disposal and carrying out their duties [2]. GOV.UK counts time on call at the workplace, but not away from it [3]. Acas adds that standby elsewhere is more likely to count the more control the employer has over the worker's activities, location and time [4]. In Truslove v Scottish Ambulance Service, paramedics who had to stay within 3 miles of their station, with a 3-minute response target, were held to be working while on standby [5].
Call-out time counts towards the 48-hour weekly limit, normally averaged over 17 weeks unless the worker opts out in writing [3][4]. Workers also need a 20-minute break when working more than 6 hours a day, 11 hours' rest between working days, and 24 hours' rest a week or 48 a fortnight. Under-18s get more [10]. Where an exception applies, such as some shift work, give compensatory rest instead [2][10]. Set a rule for rest after night call-outs.
◆ Decision: response and location rules.
Step 3: Check the minimum wage
Minimum wage hours include time working on a call-out, and time the worker is required to be available at or near a place of work, unless at home [6][7]. For sleep-ins, only hours awake for the purposes of working count, where suitable sleeping facilities are provided [6]. The Supreme Court confirmed this in Royal Mencap Society v Tomlinson-Blake [8].
On-call allowances don't count towards minimum wage pay unless consolidated or related to performance. Nor does the premium element of overtime or shift pay [7]. From 1 April 2026 the rates are £12.71 an hour at 21 and over, £10.85 at 18 to 20, and £8.00 for under-18s and apprentices [9]. Check lower-paid staff each pay reference period.
Step 4: ◆ Choose the standby payment structure
In the lumi reward benchmark, paying the on-call allowance per day is common (34.2%) and per call-out only is an alternative (30.9%). A flat amount per period (18.8%) and a combination (16.1%) are rare (n = 149). For IT / Technology standby, a percentage of salary is common (22.7%) (n = 88). For Engineering & Maintenance, a flat weekly retainer is common (31.2%) (n = 80). Where relevant, one framework across all functions is common (41.0%) (n = 78).
◆ Decision: the unit of payment.
A rare answer is not a wrong one.
Step 5: ◆ Set call-out minimums
Employers don't have to pay for overtime, but average pay for all hours worked must not fall below the minimum wage [12]. In the lumi reward benchmark, a 2-hour minimum call-out payment is common (36.2%). 3 hours or more (26.8%) and 1 hour (23.5%) are alternatives, and no minimum is rare (13.4%) (n = 149).
◆ Decision: the minimum.
Step 6: ◆ Decide weekend and bank holiday rates
In the lumi reward benchmark, 46.3% of organisations use one standby rate for every period, and 28.4% pay more for bank holidays (n = 95, more than one answer allowed). For a weekend night, the same rate as a weeknight is common (40.6%) and 28.9% (15.2% + 7.2% + 3.6% + 2.9%) pay more (n = 138).
◆ Decision: one rate or bands.
Step 7: Cost the rota and set its frequency
This example uses illustrative rates, not lumi data.
Illustrative rates only: not lumi data and not a recommendation.
NIGHT = 25.00 # weeknight standby (£) X = {"weeknight": 1.0, "weekend_day": 1.0, "weekend_night": 1.5, "bank_holiday": 2.0} # multiple of NIGHT HOURLY, CALLOUT_X, MIN_H = 22.00, 1.5, 2.0 # call-out terms
def week_cost(periods, calls): standby = sum(n NIGHT X[p] for p, n in periods.items()) paid_h = sum(max(h, MIN_H) for h in calls) return standby, paid_h, standby + paid_h HOURLY CALLOUT_X
calls = [0.5, 1.25, 3.0] # hours worked per call-out normal = {"weeknight": 5, "weekend_day": 2, "weekend_night": 2} bank_hol = {"weeknight": 4, "weekend_day": 2, "weekend_night": 2, "bank_holiday": 2} # Monday day and night print(sum(calls), week_cost(normal, calls), week_cost(bank_hol, calls)) weekly = week_cost(normal, calls)[2] print(52 weekly, round(52 / 4 weekly, 2), round(52 / 6 * weekly, 2))
**Result:**
- Normal week: standby £250.00 plus 7 paid call-out hours, **£481.00**. Bank holiday week: **£556.00**.
- Hours worked: 4.75. Record these, not the paid hours, for working time and rest.
- 52 normal weeks: **£25,012.00**, or £6,253.00 a person on a 1-in-4 rota and £4,168.67 on 1-in-6.
**◆ Decision: rota frequency.** Rota size changes each person's share, not the cost of cover.
- *Fewer people:* more pay and practice each, but more disruption and pressure on rest.
- *More people:* a lighter load, but skills are used less often.
Costs exclude employer on-costs. Holiday pay for the 4 weeks of regulation 13 leave includes payments intrinsically linked to the worker's tasks and other payments, such as overtime, regularly paid in the previous 52 weeks [2]. Check whether yours qualify. Acas says the contract should state whether on-call time at home is paid [4].
Step 8: Prepare variable-hours staff for the 2027 rights
The Employment Rights Act 2025 adds three rights, with equivalents for agency workers [11]:
- Guaranteed hours. Qualifying zero- and low-hours workers must be offered hours reflecting those worked over a reference period. They can refuse.
- Reasonable notice of shifts and changes.
- Payment for shifts cancelled, moved or curtailed at short notice. Regulations will set short notice, at no more than 7 days, and the payment, at no more than the worker would have earned.
The Department for Business and Trade consulted until 25 August 2026 [13], and the government's timeline puts the rights in 2027 [14].
In the lumi reward benchmark, not offering zero- or low-hours workers guaranteed hours reflecting average hours is common (44.2%) (n = 120). Not paying hourly workers for shifts cancelled at short notice is common (46.1%) (n = 219).
◆ Decision: timing.
Either way, list those workers and pull their hours history.
Checklist
- Cover needs mapped; standby or shifts chosen
- Response and location rules set; working time assessed
- Call-out hours recorded; rest rule after night call-outs agreed
- Minimum wage checked, excluding on-call allowances
- Standby payment unit and call-out minimum set
- Weekend and bank holiday rates decided
- Rota costed, including holiday pay
- Contracts updated; variable-hours workers listed
FAQ
Does on-call time count as working time? At the workplace, yes. Elsewhere, usually not, unless the employer tightly controls the worker's activities, location and time.
Is the minimum wage due for standby at home? No. It is due for call-out work and for time required to be available at or near the workplace.
Are sleep-in shifts paid at the minimum wage? Only for hours awake for the purposes of working, where suitable sleeping facilities are provided.
Is there a legal minimum call-out payment? No, but pay for all hours worked must meet the minimum wage. In the lumi reward benchmark, a 2-hour minimum is common (36.2%, n = 149).
Sources
- lumi reward benchmark, collection window 2026 H1, national figures: full findings
- legislation.gov.uk, The Working Time Regulations 1998, SI 1998/1833, regs 2, 16 and 21. https://www.legislation.gov.uk/uksi/1998/1833/regulation/2
- GOV.UK, Maximum weekly working hours (accessed 20 September 2026). https://www.gov.uk/maximum-weekly-working-hours
- Acas, Being on call: working time rules (updated 21 March 2025). https://www.acas.org.uk/working-time-rules/employees-who-are-on-call-or-sleep-in
- Employment Appeal Tribunal, Truslove and Wood v Scottish Ambulance Service, UKEATS/0053/13/JW (8 April 2014). https://www.gov.uk/employment-appeal-tribunal-decisions/1-mr-paul-truslove-2-miss-ellouise-wood-v-scottish-ambulance-service-ukeats-0053-13-jw
- legislation.gov.uk, The National Minimum Wage Regulations 2015, SI 2015/621, reg 32. https://www.legislation.gov.uk/uksi/2015/621/regulation/32
- GOV.UK, Calculating the minimum wage (updated 6 January 2026). https://www.gov.uk/guidance/calculating-the-minimum-wage
- UK Supreme Court, Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8 (19 March 2021). https://supremecourt.uk/cases/uksc-2018-0160
- HMRC, Rates and thresholds for employers 2026 to 2027 (updated 1 September 2026). https://www.gov.uk/guidance/rates-and-thresholds-for-employers-2026-to-2027
- GOV.UK, Rest breaks at work (accessed 20 September 2026). https://www.gov.uk/rest-breaks-work
- legislation.gov.uk, Employment Rights Act 2025, ss.1 to 4. https://www.legislation.gov.uk/ukpga/2025/36/contents
- GOV.UK, Overtime: your rights (accessed 20 September 2026). https://www.gov.uk/overtime-your-rights
- Department for Business and Trade, Make Work Pay: ending one-sided flexibility – reforms of zero hours and similar contracts (consultation, 2 June to 25 August 2026). https://www.gov.uk/government/consultations/make-work-pay-ending-one-sided-flexibility-reforms-of-zero-hours-and-similar-contracts
- GOV.UK, Plan to Make Work Pay and Employment Rights Act: timeline update (updated 25 August 2026). https://www.gov.uk/government/publications/implementing-the-plan-to-make-work-pay-and-employment-rights-act/plan-to-make-work-pay-and-employment-rights-act-timeline-update
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David Whitfield, How to design on-call and standby pay. lumi, UK law as at 20 September 2026. https://lumihr.co.uk/guides/how-to-design-on-call-standby-payLast reviewed 20 September 2026 · This guide states the law at the date shown, with its sources listed. It is general information, not legal advice.