Comments are closed. Previous Article Next Article Watch this spaceOn 1 May 2003 in Personnel Today Related posts:No related photos. The advocate general’s opinion in Kiel v Jaeger,a German reference to theEuropean Court of Justice, suggests that on-call hours for doctors count asworking time, even if the doctors spend their on-call hours asleep. This casecould re-open controversy about the working time definition in The Working TimeRegulations 1998, at the same time as the opt out from the 48-hour weeklyworking time limit is due to be reviewed and possibly abolished by the EuropeanCommission. Can employees outsourced under TUPE subsequently claim equal pay usingcomparators still employed by the transferor? A recent advocate general’sopinion in Allonby follows the earlier ECJ case of Lawrence in rejecting thispossibility, even if the TUPE transfer has been deliberately used to avoidgiving part-time staff the same terms as full-timers.