What is 'rest time' for the purposes of pay?

In a recent ECJ case (not strictly binding on the UK albeit the UK courts will consider the Judgement) a firefighter who argued that his requirement to be available to respond 24/7, unless he was on holiday, and to participate in 75% of the station’s interventions when called, was working time and was not a rest period.

His employer contended it was rest and thus, unpaid, because he could go where he pleased, pointing out that he worked as a cab driver during this time; and if he didn’t get there on time he just wouldn’t be paid, there was no adverse consequence.

The ECJ held this was not working time, even though there was a requirement to respond to up to 75% of call outs; it seems because, apart from that, he didn’t have to respond to all of the call outs and was, on the whole, free to do what he wanted during this time it was not working time.

Again, whilst not binding this is useful to consider when preparing and drafting ‘call out’ requirements with ‘rest periods’ and pay in mind.