The European Court of Justice (ECJ) has given its decision in two recent cases in relation to the issues of ‘stand by’ and ‘on call,’ which may be used as guidance by the UK Employment Tribunals on how to interpret the Working Time Directive. The cases are RJ v Stadt Offenbach am Main and the case of DJ v Radiotelevizija Slovenija.
ECJ on Working Time
The ECJ said that ‘standby’ and ‘on call’ time cannot be working time except were the limitation placed on the worker is due to national law, a collective agreement or the where the limitation is imposed by the employer and this impacts considerably on the employee’s capacity to manage and their own unrestricted time and dedicate that time to their own leisure pursuits.
The ECJ stated that the employer must consider several issues when assessing the impact on the worker. These include how fast the worker must be able to return to their duties. This includes workers who work from their homes and stay in the house. The use of equipment to perform their duties, the average need to be active during the on call or standby by period and the actual length of time spent on the work activity when ask to work. The ECJ also said that the distance the worker chose to live or the limitation of leisure opportunities in the vicinity of the place of work should not be relevant to assessing the situation.
Health & Safety
The ECJ did ask employers to carefully assess the health and safety of workers; this was particularly important to workers on call or standby during the night as the night-time is part of a worker’s rest period under the Working Time Directive.
Considering these developments, it is import for employers to assess on call duties and their impact on the worker.
Quest can assist you if you have any concerns about on call or standby workers and their rights and your duty to manage their health and safety.
The article is for general information purposes only and should you require any further assistance on the matter please do not hesitate to call our advice-line team on 01455 852028.
