What is working time?


“Working time” is defined by regulation 2(1), WTR as:


• any period during which a worker is working, at their employer’s disposal and carrying out their activities or duties;




• any period when they are receiving relevant training; and




• any additional period treated as working time under a relevant agreement.




Under the WTR, time is either “working time” or it is a “rest period”. These two states are mutually exclusive (Federacion de Servicios Privados del Sindicato Comisiones Obreras v Tyco Integrated Security s.l. [2015] EUEJC C-266/14).
Here are some good examples of working time, taken from recent cases:


• in Edwards & Another v Encirc Ltd [2015] UKEAT/0367/14/DM, the EAT confirmed that where a union is recognised, time spent in union meetings at work with the employer’s consent, engaged in union duties such as health and safety duties or considering a pay offer, is working time. A recognition agreement can be a relevant agreement on working time (see Chapter 5);





• in Truslove v Scottish Ambulance Service [2014] UKEATS/0053/13/JW,
relief ambulance drivers on call overnight away from their home base station were working throughout their shift. They had to remain within a three-mile radius of the ambulance station at all times and able to respond to a call out within three minutes. This was all working time; 



• in Ville de Nivelles v Matzak [2018] EC-518/15, a firefighter on standby at home and required to respond to calls from his employer and to reach his place of work within eight minutes was working while on standby; and


• in R (on the application of the FBU) v South Yorkshire Fire and Rescue Authority [2018] EWHC 1229, firefighters who were working a continuous duty of 96 hours on a shift system known as Close Proximity Crewing were working throughout the 96 hour shift, in breach of regulations 6 (night shift) and 10 (rest periods), WTR. 




Collective or workplace agreements can be entered into to modify the rules on daily and weekly rest breaks, maximum weekly working hours and night work. The rules are stricter for young workers (see Chapter 2).