Whether stand-by time is working time depends on the quality of time

An EU AG has given an opinion that determination of whether time spent on stand-by is working time depends on the quality of personal time spent during that period and not proximity to the workplace.

In Ville de Nivelles v Matzak an Advocate General has given an opinion that determination of whether time spent on stand-by is working time depends on the quality of personal time spent during that period and not proximity to the workplace.  A Belgian Court asked the ECJ whether time spent on stand-by by a firefighter in close proximity to his workplace was working time for the purposes of the Working Time Directive (WTD). In AG Sharpston’s opinion, the WTD should not be interpreted as meaning that such stand-by time should automatically be considered as working time. The key factor is the quality of the time the worker enjoys when on that type of duty, e.g. devoting the time to his own interests and family. It is the quality of the time spent rather than the required proximity to the workspace that is of overriding importance. Each case has to be evaluated on its own facts.


This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

Read more

Latest News

Read More

Why so many smart leaders are terrible at leading people

29 July 2025

Talent Management

29 July 2025

Deepfake interviews. Synthetic faces. Tampered documents. As generative AI reshapes identity fraud, traditional screening methods are being put to the test. Giant Screening CEO Mathew...

Worklife Balance

28 July 2025

The issue isn’t just about time management; it’s about mental bandwidth. The cognitive load of managing multiple priorities can leave little room for self-care, creativity,...

Newsletter

Receive the latest HR news and strategic content

Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

Latest HR Jobs

University of Sussex – Human Resources Salary: £25,733 to £29,179. Grade 4, per annum, pro rata if part time This provides summary information and comment

UCL – Chemistry Department / Faculty of Mathematical & Physical SciencesSalary: £54,172 to £63,752 This provides summary information and comment on the subject areas covered.

University of Oxford – Department of PsychiatrySalary: £31,459 to £36,616 (discretionary range to £39,749) per annum. Grade 5 This provides summary information and comment on

Loughborough University – Human ResourcesSalary: £46,735 to £55,755 per annum. Subject to annual pay award. This provides summary information and comment on the subject areas

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE