All hours spent ‘on call’ should be counted as working time if the worker was required to be present at the place decided by the employer.

There was a dispute about the circumstances in which an individual could legally opt out of the limit on working hours.

An agreement to opt out of the limit on working hours must come from the worker individually, ‘expressly and freely’.

There was a dispute about the circumstances in which an individual should be treated as performing night work.

Performing night work as a ‘normal course’ means no more than that this should be a regular feature of the individual’s work.