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The Working Time Directive definition of "working time" is as follows:

"Working time shall mean any period during which the worker is working, at the employer's disposal and carrying out his or her activity or duties, in accordance with national laws and/or practice".

Among other matters, in the SIMAP case the European Court (ECJ) was asked to pronounce on whether time spent by doctors "on call", either at the medical centre or away from it, counted as "Working Time" and therefore towards the 48-hour week. The Court's judgement was as follows:

"The characteristic features of working time are present in the case of time spent on call by doctors ....where their presence at the health centre is required. It is not disputed that during periods of duty on call under those rules, the first two conditions are fulfilled. Moreover, even if the activity actually performed varies according to the circumstances, the fact that such doctors are obliged to be present and available at the workplace with a view to providing their professional services means that they are carrying out their duties in that instance".

This means that:

"Time spent on call by doctors....must be regarded in its entirety as working time....if they are required to be present at the health centre. If they must merely be contactable at all times when on call, only time linked to the actual provision of ... services must be regarded as working time."

The implications of the case are that, if there is a business and operational need for a healthcare professional to be present on-call at the premises and available for the purpose of providing continuity of service, this should be viewed as working time. Put another way, doctors resident on-call but asleep will count as working.