This is one of the most controversial aspects of working time rules, although there were some changes for the better during 2006. The big growth in long hours in the UK mainly came from 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’, which 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, the European Commission took a successful case against the UK Government to the European Court of Justice. As a result, it is now once again clear that 'partly unmeasured working time' counts towards the limits in the Working Time Regulations from spring 2006 onwards. 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.
