Current position
August 2009 was the UK deadline for introducing a 48-hour maximum working week and related hours controls for doctors in training. NHS Employers has published an updated series of FAQs in September 2009 to support employers in implementing this important change.
Specific advice has been published for employers on handling opt-out requests linked to the current flu pandemic situation, including a model waiver form. See our opt out page for further notes and information.
Other web pages in this section provide background information on the application of the Working Time Directive to doctors in training and the operational issues designed to support the NHS in meeting the August 2009 hours limits. This includes recommendations from the MMC Programme Board on maintaining the quality of training in a reduced training opportunity environment.
A major follow-up consultation on EWTD and training commissioned by Medical Education England (MEE) is underway, led by Prof Sir John Temple. See how you can get involved in feedback.
Policy issues
The Department of Heath website provides advice and guidance on implementation for the NHS. Gateway letter 12492 includes the latest information, agreed with NHS Employers, on indemnity cover, opt-out arrangments, reference periods, training rotas etc, and should be read in conjunction with our FAQs listed above.
SHAs have been allocated funding in 2009/2010, in addition to the general tariff uplift, to support sustainable solutions and are required to provide regular "state of readiness" reports.
Some trusts have been permitted by Secretary of State to derogate from the Directive for specified rotas or specialties for a period of two (or up to three)further years, provided they do not exceed 52 hours per week on average, and provided EWTD rest periods are met. The New Dael contractual hours limits and rest periods also remain in force.
EU directive
The European Working Time Directive arose from EU Council directive 93/104/EC, designed to protect the health and safety of workers in the European Union. It was subsequently amended in June 2000 by Directive 2000/34/EC of the European Parliament and of the Council. This updated certain aspects of the organisation of working time to cover sectors and activities previously excluded from the Directive, including doctors in training. The Directive lays down minimum requirements in relation to working hours, rest periods, annual leave and working arrangements for night workers.
For the latest on EU negotiations on revision of the directive, visit our European WTD web page.