This example ‘opt-out’ agreement allows NHS staff to exercise their right to opt-out of the 48 hour average working week, where they are able and wishing to do so, in order to undertake additional work to support the NHS through the period of the pandemic.
Employers must still ensure that working Time Regulation (WTR) rest breaks are adhered to (or compensatory rest offered in lieu).
Employees must not be coerced or put under pressure to sign an opt out agreement. Nor should employees work excessive hours that could compromise the safety of patient care.
When requesting employees to work additional hours, employers should balance local service needs and patient safety against the wellbeing of the employee.
Clinical professionals should have regard to any advice issued by their professional bodies and regulators on standards expected of them during the pandemic.
In the opt out agreement, any reference to additional hours means hours worked in excess of 48 per week averaged over the relevant reference period.