What unpaid overtime counts as working time?

This is one of the most controversial aspects of working time rules. The recent growth in long hours in the UK is mainly by white-collar workers who do not get paid overtime for their extra work. Employer lobbying persuaded the government to change the Working Time Regulations in 1999, so less white-collar work gets counted as working time. This resulted in the new concept of ‘partially unmeasured working time’. This is defined as the work you choose to do voluntarily, in addition to the hours set out in your contract.

However, following a complaint by the trade union AMICUS (now part of Unite), the European Commission took a successful case against the UK Government to the Court of Justice of the European Union. As a result, 'partly unmeasured working time' does count towards the limits in the Working Time Regulations.

Partly unmeasured working time would include the unpaid overtime worked by middle managers and other white-collar workers, as long as they are required to work extra hours as part of their job. Senior managers and executives who genuinely have control over their own working time are still exempt from the limits.