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CJEU preliminary ruling on when a period of stand-by time may be classed as working-time

Stuart
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May be of interest in relation to UK employment practice - the preliminary ruling of the CJEU - concerning cases of a television technician in Slovenia (C-344/19) and a firefighter in Germany (C-580/19), both of whom were required to work on standby with a time limit for their return to their place of work if needed - concludes that -

‘… periods of stand-by time, including stand-by time according to a stand-by system, also, in their entirety, fall within the concept of ‘working time’ where the constraints imposed on the worker during those periods objectively and very significantly affect his or her ability freely to manage the time during which his or her professional services are not required and to pursue his or her own interests. Conversely, in the absence of such constraints, only the time linked to the provision of work actually carried out during that period constitutes ‘working time’.

In that regard, the Court states that, in order to determine whether a period of stand-by time is ‘working time’, only the constraints that are imposed on the worker, whether by the law of the Member State concerned, by a collective agreement or by the employer, may be taken into consideration. By contrast, organisational difficulties that a period of stand-by time may entail for the worker and which are the result of natural factors or the free choice of that worker are not relevant. That is the case, for example, where there are limited opportunities for leisure pursuits within the area that the worker is unable in practice to leave during a period of stand-by time according to a stand-by system.’