It is not possible to opt out of the rest requirements, so doctors still need to ensure they take the necessary breaks, and their employer still needs to monitor the hours they work. Can I opt out of the regulations and what are the implications? The provision is not aimed at providing extra periods of leave that doctors can accumulate over time it aims to ensure doctors are not tired when working.įurther information, including an example local agreement on compensatory rest, can be found in the guidance. The BMA shares this view and we advise LNCs (local negotiating committees) to ensure local agreements recognise the importance of ensuring rest is taken as soon as possible after a disruption to rest. The Jaeger judgment indicated that compensatory rest should be taken as soon as possible after the end of the working period.
This means that where rest is delayed or interrupted by work, compensatory rest must be granted. The regulations allow employers to exclude the provisions in relation to length of night work, daily rest, weekly rest and rest breaks if compensatory rest is provided. This includes any period where ‘relevant training’ is received, as well as travelling time where travel has to be undertaken as part of the job.įollowing judgments in the European Court of Justice, in the SiMAP and Jaeger cases, working time also includes any time spent resident on-call, including periods of inactive time, such as when a doctor is asleep on site. Working time is defined as any period in which a worker is working, at the employer’s disposal and carrying out their activities or duties.
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The WTR, which implements the EWTD in law, came into force on 1 October 1998, with full compliance by 2009.
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The BMA consultants committee has produced guidance on compensatory rest, one of the safeguards from the regulations: Download the guidance (PDF) What protection does the directive provide? The directive was implemented in UK law as the WTR (Working Time Regulations) in 1998, ensuring the provisions and safeguards were made effective for workers in the UK.Īll consultants are covered by these entitlements, and employers have a legal obligation to implement them – strict penalties are imposed by the Health and Safety Executive for non-implementation. The EWTD (European Working Time Directive) is health and safety legislation to protect employees from working excessive hours. The most recent attempt failed as social partners – trade unions and employers’ organisations – failed to agree on a proposed revision by the deadline.
The European Commission made numerous attempts to revise the EWTD, but it was unsuccessful due to disagreements between the European Parliament and member states. Perhaps the most important for doctors are the SiMAP and Jaeger rulings, which enshrined the principle of time spent on-call at the workplace being classed as work. There have been a number of European Court of Justice rulings on the EWTD.
Given that the EWTD aims to improve health and safety, we think a number of conditions must be met if the opt-out is to remain part of the legislation: any opt-out must be truly voluntary, with no undue pressure or coercion exerted on doctors to work outside the directive’s hours and rest requirements. Further, an opt-out should neither be a necessity for a post nor form part of any contract. The BMA junior doctors committee believes this option should be retained only for those doctors who are able to determine their own working hours. Although junior doctors are now covered by the EWTD, it is still possible for doctors to work longer hours by signing an opt-out clause.
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