Should "Stand-by Time" be Considered “Working Time” for the Purposes of the Working Time Regulations?

Posted in : Commercial Law for Employers on 11 April 2022
Kevin McVeigh
Elliott Duffy Garrett
Issues covered: Working Time; Stand-by Time; Health and Safety

Key Issues: Protection of the Health & Safety of Workers – Working Time - Preliminary Ruling

Case: MG V Dublin City Council

Reference: Case C-214/20, CJEU (Fifth Chamber), 11 November 2021

Legislation: Directive 2003/88/EC

Background

MG is a retained firefighter employed by Dublin City Council on a part-time basis. He is, by virtue of a system of stand-by time, retained by the brigade of the fire station by which he was trained.

MG is required to participate in 75% of that brigade’s interventions, with the option of abstaining from the remaining interventions. Without being obliged, during his periods of stand-by time, to be present at a specific place, he must, when he receives an

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This article is correct at 11/04/2022
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Kevin McVeigh
Elliott Duffy Garrett

The main content of this article was provided by Kevin McVeigh. Contact telephone number is 028 9024 5034 or email kevin.mcveigh@edglegal.com

View all articles by Kevin McVeigh