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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.

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