Health and Safety Law 2024 (October 2024)
He argued his stand-by hours should be classified as “working time” rather than rest periods. However, the fact the claimant could carry out another professional activity was an important indication that the stand-by system did not very significantly impact on the management of his time. He also did not have to be in a specific place during stand-by periods and was not obliged to participate in all interventions from his assigned fire station. The only consequence of not attending within the specified time was that he did not get paid. The court concluded that the standby time was not working time as it did not significantly affect the claimant’s ability to manage his own time.
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