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WORKING TIME REGULATIONS POLICY
|Version |7 |
|Name of responsible (ratifying) committee |HR Policy Group |
|Date ratified |03 July 2019 |
|Document Manager (job title) |HR Manager |
|Date issued |02nd September 2019 |
|Review date |01 September 2022 |
|Electronic location |Management Policies |
|Related Procedural Documents |n/a |
|Key Words (to aid with searching) |Working Time; Compensatory Rest; Night Workers; Opt out; Rest |
Version Tracking
|Version |Date Ratified |Brief Summary of Changes |Author |
|7 |30.08.19 |Review and update |HR Manager |
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CONTENTS
QUICK REFERENCE GUIDE 3
1. INTRODUCTION 4
2. PURPOSE 4
3. SCOPE 4
4. DEFINITIONS 4
5. DUTIES AND RESPONSIBILITIES 4
6. PROCESS 4
7. TRAINING REQUIREMENTS 4
8. REFERENCES AND ASSOCIATED DOCUMENTATION 4
9. EQUALITY IMPACT STATEMENT 5
10. MONITORING COMPLIANCE WITH PROCEDURAL DOCUMENTS 6
EQUALITY IMPACT SCREENING TOOL 7
Appendix 1: 48-hour Working Time Limit Opt-out Agreement 15
Appendix 2: EWTD Junior Doctors Opt out agreement 16
Appendix 3: Implementation of Working Time Regulations for Senior Medical and Dental Staff 21
QUICK REFERENCE GUIDE
This policy must be followed in full when developing or reviewing and amending Trust procedural documents.
For quick reference the guide below is a summary of actions required. This does not negate the need for the document author and others involved in the process to be aware of and follow the detail of this policy.
1. Managers and Directors should identify employees who regularly work in excess of their contracted hours, including senior managers, and investigate the reasons for this situation.
2. Where employees are identified as exceeding the 48 hour limit Managers/Directors should review the workload and practice and consideration should be given to adjusting working hours or redesigning the job.
3. Where it is not possible to comply with the Regulations, due to the nature of the work, Managers/Directors should liaise with the Human Resources Department and individual opt-out agreements will be negotiated which recognise the needs of the individual and the organisation.
4. The only part of the Regulations that allow an opt out are the 48 hour working week. All other parts must be complied with.
5. Employees must inform their line manager if they believe they are exceeding the working hours outlined in the Regulations. This will include all hours an employee works, including those that an employee works for another employer.
INTRODUCTION
The Working Time Regulations (the “Regulations”) came into force on 1 October 1998 to implement the provisions of the European Working Time Directive. They also implement those aspects of the Young Workers Directive that apply to “young workers” (that is workers between the ages of 15 and 18 and over compulsory school age).
PURPOSE
2.1 This document sets out the details of the Regulations and its implementation within the NHS, in particular within Portsmouth Hospitals NHS Trust (“the Trust”).
2.2 The Trust is committed to making the Regulations and local agreements effective in practice. It is the intention of the Trust to implement the Regulations and local agreements covering them as fully as possible in order to protect the health, safety and well being of all staff and to provide the best standard of care for patients. No worker will suffer detriment because they have exercised any of their entitlements under the Regulations.
SCOPE
3.1 This policy applies to all staff within the Trust. For staff other than doctors in training, the collective agreement governing implementation was that reached with the General Whitley Council in November 1998, and is now covered in section 27 of the Agenda for Change Terms and Condition of Service Handbook.
3.2 For doctors in training, separate and specific provisions apply, and are also contained within the Trust’s policy Framework.
‘In the event of an infection outbreak, flu pandemic or major incident, the Trust recognises that it may not be possible to adhere to all aspects of this document. In such circumstances, staff should take advice from their manager and all possible action must be taken to maintain ongoing patient and staff safety’
DEFINITIONS
1. Doctors in training:
These are doctors who are working in a Deanery educationally approved post. Time working in this post will count towards a doctors training and career progression.
2. Non training grade doctor:
These are doctors who are working in a non-educationally approved (trust doctor) post. They may also be doctors who are not on a Deanery training programme, but carry out some work on a junior doctor rota for the Trust, for example speciality doctors.
4.3 Junior Doctors
For the purpose of this policy the term “junior doctor” will be used for doctors in training and non training doctors.
4.4 Compensatory Rest
4.4.1 There is no definition of an “equivalent period of compensatory rest” in the Regulations. In general guidance suggests that ‘compensatory rest’ is a period of rest the same length as the period of rest, or part of a period of rest, that a worker has missed.
4.4.2 The exceptions in the Regulations allow rest to be taken in a different pattern from that set out in the Regulations. The principle is that everyone will receive their entitlement of 90 hours’ rest a week on average, although some rest may be outside that period. This may be due to on call commitments, shift working or the nature of the work carried out. The guidance states that compensatory rest should be given within a reasonable period from the time when the rest was unable to be taken.
4.4.3
4.4.4 Compensatory rest must be given when daily/weekly rest requirements cannot be met. Compensatory rest will most likely be necessary when staff either:
• Work for more than 13 hours continuously;
• Working on call from home and not obtaining the required rest
4.4.5 In each situation the rest provided should make up for the rest missed; and should be taken as quickly as possible at the end of the working period. Rest cannot be aggregated over a period of time and taken at a later date.
4.4.6 For all other staff, guidance on compensatory rest, if required, can be obtained from the Operational HR team.
4.5 Night Work
4.5.1 ‘Night time’ is a period of at least seven hours that includes the period from midnight to 5 a.m.
4.5.2 A ‘night worker’ is someone who normally works at least three hours of their daily working time during night time hours. This definition will also cover workers who work patterns of shifts which rotate on to nights on a regular basis.
4.5.3 A night worker’s average normal hours of work must not exceed eight hours for each 24 hour period, averaged over a 17 week reference period.
4.5.4 All night workers are entitled to a regular free and confidential occupational health assessment, and additionally when a work-related problem is identified, to determine whether the worker is fit to undertake the night work to which he or she is assigned. Further details regarding health assessments for night workers can be obtained from the Occupational Health and Safety Service (02392 286000 Ext 4030).
5. Junior Doctors are not considered night workers. Doctors are considered shift workers as they are assigned to the same posts on a rotational basis and making it necessary for them to perform work at different hours over a given period of days or weeks.
4.6 On Call
4.6.1 When a worker is on call at his or her place of work, for example, required to sleep in by the employer, then that time is classed as working time.
4.6.2 If a worker is on call and able to carry out their normal activities or is voluntarily resident, then this will only be classed as working time from when they are required to undertake any work-related activity. Working time will therefore begin when the individual receives a call to go to work, or are contacted to give advice over the telephone. Working time will end when the work-related task is complete, for example at the end of the telephone call, or if required to go to work, when the worker returns home. Travelling time to and from work in such circumstances will also be classed as working time for the purposes of on call only.
4.7 Rest Periods and Rest Breaks
The Regulations contain a number of provisions governing workers’ entitlements to rest breaks during the working day, daily rest periods and weekly rest periods.
4.7.1 Rest breaks
Adult workers are entitled to a minimum uninterrupted 20 minute rest break away from their work station during the working day if their daily working time is more than 6 hours.
This break is unpaid and should be taken during working hours, not at the beginning or end of the working period. Managers should ensure that staff are given the opportunity and strongly encouraged to take such breaks. However, in exceptional circumstances and by agreement, where a rest break cannot be taken, the unused entitlement should be claimed as a period of equivalent compensatory rest.
Young workers are entitled to a minimum rest break of 30 minutes if their daily working time is more than 4.5 hours.
Doctors in training / directly employed Trust doctors must receive one 30 minute paid break for a shift rostered to last more than five hours and a second 30 minute paid break for a shift rostered to last more than nine hours
Any doctor that works a night shift (a shift that attracts the 37% hourly pay enhancement) of twelve or more hours in duration will now receive a third 30-minute paid break.
4.7.2 Daily rest periods
Adult workers are entitled to a minimum daily rest period of not less than 11 consecutive hours in each 24 hour period. In exceptional circumstances, where this is not practicable because of the contingencies of the service, or if the full rest cannot be taken because the worker is changing shifts, daily rest may be less than 11 hours. In these circumstances managers should ensure that a period of equivalent compensatory rest is provided. However this must be provided taking into account the needs of patients and the service and must not be taken when the worker decides and without approval.
Young workers are entitled to a minimum daily rest period of 12 consecutive hours in each 24 hour period.
4.7.3 Weekly rest periods
Adult workers are entitled to an uninterrupted rest period of at least 24 hours in each seven day period or 48 hours in each 14 day period. This is in addition to the daily rest period.
Where it is not practicable because of the contingencies of the service, on call arrangements or because of shift working for the individual to have the full amount of rest, managers should again ensure that a period of equivalent compensatory rest is provided. However this must be provided taking into account the needs of patients and the service and must not be taken when the worker decides and without approval.
4.8 Working time
4.8.1 “Any period ‘during which a worker is working at his or her employer’s disposal and carrying out his or her activity or duties” (Working Time Regulations, S2, 1, 1988).
4.8.2 For time to be ‘working time’ all three elements of this description must be satisfied. For example, Working time does include periods of:
• Travelling time between Trust sites once at work.
• Stand by or on call once the worker has been contacted.
• On call when resident, if the sleeping in is required by the employer.
• Contractual overtime.
• Working lunches.
• Job-related training that is directly related to the job.
This list is not exhaustive, but is given as an example.
4.8.3 Working time does not include:
• Routine travel between home and work
• Rest breaks and meal breaks when no work is done.
• Stand by or on call, but otherwise free to pursue own activities and not interrupted (i.e. staff on call at home). This point is covered in more detail later in the guidance document.
• Training such as non-job-related evening classes or day release courses.
This list detailed is not exhaustive, but is given as an example
4.9 Young Worker
A young worker is someone under 18 but over school leaving age. Young workers may not normally work more than eight hours a day or 40 hours a week. The hours can not be averaged out for young workers. There is no opt-out for young workers
DUTIES AND RESPONSIBILITIES
5.1 Employees are responsible for:
• Informing their line manager if they have more than one job, if the cumulative hours add up to more than 48 hours per week and for completing an opt-out agreement if appropriate.
• Informing their line manager if they believe they are exceeding the working hours outlined in the Regulations.
• Informing their line manager if there are difficulties preventing them from taking rest breaks, daily or weekly rest periods, or from taking compensatory rest.
• It is also everyone’s responsibility not to cite the Regulations as a reason for failing to provide continuity of care to patients. When there is such a requirement, the patient’s interests are paramount and the provision for ‘compensatory rest’ will apply. This does not remove the Trust’s duty to plan for rest provisions necessary to comply with the Regulations.
• respecting their colleagues’ right to take a break without interruption from phone calls and bleeps, unless an emergency arises, and where possible arrangements should be made to handover such devices for the duration of the break
• Requesting a night workers health assessment if needed.
5.2 Line Managers are responsible for:
• Monitoring hours and patterns of work and keeping records of opt-out agreements, rest breaks, daily and weekly rest periods, compensatory rest and night work.
• Identification of ‘special hazards’ for night workers by ensuring a risk assessment has been carried out.
• Ensuring night workers are offered bi-annual health assessments to ensure they have no health issues that are affected by night work.
• To ensure any requests for health assessments from night workers are processed with Occupational Health.
5.3 The Occupational Health and Safety Service is responsible for:
• The provision of bi-annual health assessments for night workers and advice should the night worker be identified as having a health issue that is being affected by night work.
• Provision of advice on risk assessments to identify ‘special hazards’ for night workers.
5.4 The Human Resources Department is responsible for:
• Maintaining records of opt-out agreements.
• Providing advice to managers and workers on the interpretation and application of the Regulations and the Collective Agreements relating to them.
PROCESS
6.1 Managers and Directors should identify employees who regularly work in excess of their contracted hours, including senior managers, and investigate the reasons for this situation.
6.2 Where employees are identified as exceeding the 48 hour limit managers/Directors should review the workload and practice and consideration should be given to adjusting working hours or redesigning the job.
6.3 Where it is not possible to comply with the Regulations, due to the nature of the work, managers/Directors should liaise with the Operational Human Resources Department and individual opt-out agreements will be negotiated which recognise the needs of the individual and the organisation.
6.4 There are a range of flexibilities built into the Regulations which can either modify the rights or exclude them altogether.
6.5 Individual opt-outs
6.5.1 A worker may seek to voluntarily “opt out” of the 48 hour average working time limit by completing a written agreement. This will enable the worker to work over the 48 hour threshold when they wish to do so. This must be a voluntary agreement and should be actively discouraged. No worker can be forced to opt out should they not wish to do so. Such an agreement may be for either a specified period or apply indefinitely. In either case, should the worker wish to terminate the opt out agreement, they can do so by giving one month’s notice in writing to the Trust.
6.5.2 If a worker within the Trust wishes to opt out, they must complete the form in Appendix 1, and Appendix 2 for junior doctors, and give it to their manager. The manager should keep a copy and forward the original to the Employee Resourcing Department for monitoring by the HR Team and placing on the Personnel file. This is the only part of the Regulations that allows an opt out.
6.5.3 This will include those employees who also have other employment which, when the hours are added to those worked for the Trust, total more than 48 (see below).
6.6 Collective Agreement
Certain provisions of the Regulations may be modified or excluded by a collective agreement. This is an agreement that is negotiated between one or more trade unions and an employer. The provisions of the Regulations that can be modified are concerned with night work and rest periods. Both non-training grade doctors and all other NHS staff other than doctors in training are covered by collective agreements that modify the way in which the Regulations will apply. .
6.7 Workers with more than one job
The Trust is under a duty to take ‘all reasonable steps’ to ensure that the 48-hour average weekly working time limit is not being exceeded in respect of any of its workers. All staff should therefore inform their managers if they have another job either within the Trust or for a different employer. If the sum hours of the two jobs exceeds 48 hours, then an opt-out agreement can be signed to enable this practice to continue.
6.8 Night workers where health problems are identified
If an employee is identified by a medical practitioner as having health problems related to night work, they will be offered, wherever practicable or possible, the option of transfer to a suitable post on day work in accordance with the Trust’s Pay Protection policy.
TRAINING REQUIREMENTS
Managers and staff will be briefed on the content of this policy as required.
REFERENCES AND ASSOCIATED DOCUMENTATION
Agenda for Change Terms and Condition of Service Handbook NHS Employers
Working Time Regulations (1998)
Working Time (Amendment) Regulations (2003)
Protecting Staff; delivering services. Implementing the European Working Time Directive for doctors in training: HSC 2003/01. Department of Health, January 2003
New Deal: Advance letter MD 1/2001: Advance letter MD 1/01, Department of Health, February 2001
Terms and Conditions of Service for NHS Doctors and Dentists in Training (England) 2016
NHS Hospital Medical and Dental Staff and Doctors in Public Health Medicine and the Community Health Service (England and Wales) Terms and Conditions of Service: Department of Health, February 2004
Implementation of the Working Time Regulations for Senior Medical and Dental Staff
Guide for Newly Qualified Doctors to the New Deal and European Working Time Directive
EQUALITY IMPACT STATEMENT
Portsmouth Hospitals NHS Trust is committed to ensuring that, as far as is reasonably practicable, the way we provide services to the public and the way we treat our staff reflects their individual needs and does not discriminate against individuals or groups on any grounds.
This policy has been assessed accordingly
Our values are the core of what Portsmouth Hospitals NHS Trust is and what we cherish. They are beliefs that manifest in the behaviours our employees display in the workplace.
Our Values were developed after listening to our staff. They bring the Trust closer to its vision to be the best hospital, providing the best care by the best people and ensure that our patients are at the centre of all we do.
We are committed to promoting a culture founded on these values which form the ‘heart’ of our Trust:
Working together….
for Patients
with Compassion
as One Team
Always Improving
This policy should be read and implemented with the Trust Values in mind at all times.
MONITORING COMPLIANCE WITH PROCEDURAL DOCUMENTS
|Minimum requirement to be|Lead |Tool |Frequency of Report of |Reporting arrangements |Lead(s) for acting on |
|monitored | | |Compliance | |Recommendations |
| | | | |Policy audit report to: | |
| | | | |Policy audit report to: | |
This document will be monitored to ensure it is effective and to assure compliance.
EQUALITY IMPACT SCREENING TOOL
To be completed and attached to any procedural document when submitted to the appropriate committee for consideration and approval for service and policy changes/amendments.
|Stage 1 - Screening |
| |
|Title of Procedural Document: Working Time Regulations Policy |
|Date of Assessment |01.02.19 |Responsible Department |Human Resources |
|Name of person completing assessment |Susie Lowe |Job Title |Corporate HR Manager |
|Does the policy/function affect one group less or more favourably than another on the basis of : |
| |Yes/No |Comments |
|Age |No | |
|Disability |No | |
|Gender reassignment |No | |
|Pregnancy and Maternity |No | |
|Race |No | |
|Sex |No | |
|Religion or Belief |No | |
|Sexual Orientation |No | |
|Marriage and Civil Partnership |No | |
|If the answer to all of the above questions is NO, the EIA is complete. If YES,| | |
|a full impact assessment is required: go on to stage 2, page 2 | | |
|More Information can be found be following the link below | | |
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|.uk/ukpga/2010/15/contents | | |
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|Stage 2 – Full Impact Assessment |
|What is the impact |Level of Impact |Mitigating Actions |Responsible Officer |
| | |(what needs to be done to minimise / remove the | |
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|Monitoring of Actions |
|The monitoring of actions to mitigate any impact will be undertaken at the appropriate level |
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|Specialty Procedural Document: Specialty Governance Committee |
|Clinical Service Centre Procedural Document: Clinical Service Centre Governance Committee |
|Corporate Procedural Document: Relevant Corporate Committee |
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|All actions will be further monitored as part of reporting schedule to the Equality and Diversity Committee |
Appendix 1: 48-hour Working Time Limit Opt-out Agreement
Please make sure that you read the note below before signing this opt-out agreement.
Your refusal or failure to sign this agreement will not directly or indirectly affect [the Trust’s offer of employment to you] / [your continued employment with the Trust]. Please do not sign this agreement if you do not wish to do so. Please do not sign this agreement under any duress or threat to do so. You have the statutory right not to be subjected to any detriment by any act, or deliberate failure to act, or to be unfairly dismissed by an employer because you did not sign an opt-out agreement.
You voluntarily agree to work more than an average of 48 hours for each seven days in accordance with regulation 5 of the Working Time Regulations 1998. You may terminate this agreement by giving one months' notice to the Trust in writing.
This agreement does not change:
1. The hours of work that are stated in your contract of employment (or contract), or
2. Any other term in your contract of employment (or contract).
The Trust is not under any contractual obligation to provide you with more than an average of 48 hours of work for each seven days, or an average of 48 hours of work for each seven days.
|Print name |Date |
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|Sign |Job title |
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|Department |Care Group / Division |
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Appendix 2: EWTD Junior Doctors Opt out agreement
[pic]
EWTD Junior Doctors Opt out agreement
What governs the hours I work?
The hours you work and are paid for are governed by the below factors, namely:
• Your contract with your employer (Portsmouth Hospitals NHS Trust - PHT).
• The 1998 UK Working Time Regulations (WTR - UK version of the European Working Time Directive).
• The 1991 New Deal regulations.
• Guide for Newly Qualified Doctors to the New Deal and European Working Time Directive 2010
• Terms & Conditions of Service for NHS Doctors and Dentists in Training England 2016 - Schedule 3
A doctor may voluntarily choose to opt out of the WTR average weekly limit of 48 hours, subject to prior agreement in writing with the employer. A decision to exercise this option is individual, voluntary and no pressure may be placed on the doctor to take this option.
If the doctor opts out of the WTR average weekly working hours, overall hours are restricted to a maximum average of 56 hours per week, across all or any organisations with whom the doctor is contracted to work or otherwise chooses to work. This must be calculated over the reference period defined in the WTR. Additionally, the maximum of 72 hours worked in any period of seven consecutive days applies.
[2019 maximum period of 72 hours work in any consecutive period of 168 hours]
A doctor opting out of the WTR weekly hours limit is still bound by all of the other limits set out in the WTR and in the terms & conditions of service
A doctor's agreement to opt out may apply either to a specified period or indefinitely. To end any such agreement, a doctor must give written notice to the employer. The notice period shall be seven days, or a period up to a maximum of three months specified in the agreement, whichever is the longer.
Opting out is an individual choice. Neither PHT, nor any other employer, can insist that you sign an opt-out or make signing one a condition of employment or training. Neither can an employer use opt-out as a means of making rotas compliant with the WTR.
To obtain an opt out form please contact your rota coordinator or Medical Human Resources team.
Appendix 2 (Cont.)
Agreement
Provision of Junior Doctor Support for Locum Cover and/or Additional Hours
In this Agreement ‘You’ means the employer - Portsmouth Hospitals NHS Trust and ‘I’ means the employee- < insert name of doctor>.
1. I understand that the Working Time Regulations 1998 (WTR) serve to limit the average number of hours I work each week to 48 hours, measured over a reference period of 26 weeks.
2. In order to support the Trust (and thereby the NHS) in maintaining the delivery of patient care during a period of an influenza pandemic, or during other periods where unusually high demands are placed upon patient services, I have agreed to provide extra work as either locum cover, or additional hours, which will not be included in the rota monitoring and diary evidence process for my normal hours of duty.
3. Payment for any such locum work/additional hours will be separately agreed by you before the work is carried out.
4. You will ensure that my paid rest breaks, as defined within the Terms & Conditions of Service for Doctors & Dentists in Training (England) 2016 and the Working Time Regulations 1998, are adhered to.
5. I understand that patient care and safety is paramount, and will ensure that I am always sufficiently well rested to undertake my duties, such that patient safety is not compromised.
6. I understand that it is my responsibility to ensure any work undertaken as either locum cover or additional hours will not adversely impact upon my education or training.
7. I understand that any locum cover or additional hours that I provide for you will be covered by your normal NHS indemnity arrangements.
8. I understand that the provisions of regulation 4(1) WTR will not apply and by signing this agreement I am opting out of the average 48 hour limit on weekly working, however, we agree that my average working week, averaged over a reference period of 17, weeks shall not exceed 56 hours.
9. If I no longer wish to work beyond 48 hours a week I will give you not less than three months’ notice in writing to end this Agreement.
10. I understand that it is my decision whether I sign this Agreement.
|Employee name: |Employee Signature: |Date: |
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| | | |
|Signed on behalf of the Employer: |Name: |Date |
| | | |
Appendix 3: Implementation of Working Time Regulations for Senior Medical and Dental Staff
PORTSMOUTH HOSPITALS NHS TRUST
IMPLEMENTATION OF THE WORKING TIME REGULATIONS FOR SENIOR MEDICAL AND DENTAL STAFF
1. Introduction
1. This paper sets out the agreement reached between the LNC and the-Trust concerning the local implementation of the Working Time Directive.
2. Application
2.1 This agreement extends the provisions of AL(MD)6/98 to all career grade Doctors and Dentists who undertake work for the Trust.
3. Derogations
3.1 It is confirmed that the derogations set out in Regulation 21 of the Working Time Regulations 1998 shall apply to all career grade Doctors (excluding clinical academics).
4. Reference Periods
4.1 For the purposes of this agreement reference periods shall commence on 1 April and 1 October of each year.
4.2 It is agreed that Doctors should keep a record of their hours worked over a minimum period of four weeks or over the rota cycle, whichever is preferable. The average figure for the four week monitoring period will apply over the 26 week reference period. The monthly pay/attendance record will be used for this purpose.
4.3 Where variations between Doctors' working time is insignificant, it is agreed that the hours worked on-call will be calculated on a Departmental basis. This figure will then be used to calculate the average number of hours worked by Doctors on the same on-call rota in the same Department/Unit. A decision on whether to implement this averaging will be taken by the Doctors concerned with Management agreement at Director level.
5. Protection
5.1 Conditions currently in place which are more favourable than the entitlements under the Regulations will not be changed to a lower standard simply to comply with the minimum laid down by the Regulations.
5.2 It is confirmed that Doctors will not suffer any detriment as a consequence of them having exercised any of their entitlements under the Regulations.
6. Calculations of Hours Worked
6.1 Periods of leave (eg annual leave, sick leave, study leave and maternity leave) are excluded from the calculation of hours worked. Therefore, where a Doctor takes such leave when monitoring the number of hours worked, the average number of hours worked will be calculated over the weeks in which the Doctor was not on leave.
7. Duties Included in the Definition of Work
7.1 In assessing weekly working hours a Doctor's normal contractual commitment is as outlined in his/her job plan. Any additional duties performed as a result of the needs of the service (eg management and other non-clinical duties), work undertaken while on-call and work undertaken where the Doctor is not on-call but has been excluded from the calculation of hours worked.
7.2 The following are examples of duties falling within the definition of work. The list is not exhaustive.
• Out-patient clinics
• Ward rounds
• Operating procedures
• Investigative work
• Participation in medical audit
• Administration
• Teaching/training of other staff
• Domicilliary visits
• Work for postgraduate deans
• Official travel on duties listed above (including for on-call work)
• Work for LMWAGS
• Employment of staff duties eg. Interviewing committees (internal and external)
• Duties undertaken in respect of clinical governance (internal and external to employers)
• Time spent on civic/public duties as defined in section 3.2 of the Trust Terms and Conditions
• Manual
• Management commitments
• Emergency visits
• Attendance at hospital committees
• Place of Work Accredited Representative (POWAR) duties
• LNC duties
• Representation on ACDA/RAC
• Category I activities
• Category III activities
• Research
• Work for regional/national NHS offices
• Participation in disciplinary procedures
• As an internal or external assessor
• Statutory training and approved study leave for continuing professional or management training
7.3 Under the definition of "work" in the Regulations, some duties will not be counted even though they will be undertaken for legitimate purposes. These duties will be treated in the same way as annual leave and excluded from the overall calculation of hours worked, except where it is agreed between the LNC and Trust that these duties will be calculated as "work".
8. On-call
8.1 Working time will be assessed on the basis that work begins when the Doctor is called and commences work related activities (eg giving advice over the telephone or leaving home to visit a patient). Work during on-call will be calculated in 30 minute blocks however long the activity takes to complete. However, multiple calls within the same 30 minute block are not counted as 30 minutes each.
8.2 For the purposes of calculating time worked on-call, travelling time is included in working time.
8.3 The calculation of working time ends when the task is complete (eg when a Doctor arrives back at home or when a telephone conversation has ended.)
8.4 Where Doctors are compulsory resident on-call the whole of the time spent in residence is classed as work for the purpose of this agreement.
8.5 When, in the interests of patient care, a Doctor needs to be resident on-call the whole of the time spent in residence is classed as work for the purposes of this agreement.
8.6 If the Doctor concerned and the person responsible for job plans cannot agree whether residence in hospital is clinically necessary or merely personally convenient, the matter shall be referred to the Medical Director.
8.7 Where a Doctor has been contacted by the hospital and is not formally on-call working time will be assessed as set out in 8.1, 8.2 and 8.3 above.
9. Compensatory Rest
9.1 When work "significantly" infringes upon prescribed rest periods (as set out in the Regulations), the full compensatory rest (over and above any other form of leave) will be granted. For the purposes of this agreement, examples of "significant" interruptions include:
• Any recall to hospital
• Telephone calls received at home between the hours of 11:00pm and 07:00am
• More than 3 telephone calls between the hours 6:00pm and 11:00pm and 6 calls a day during the weekends from 07:00am until 06:00pm
9.2 For the purpose of this agreement examples of "significant" interruptions include any recall to hospital and continual interruptions during sleep hours.
9.3 In circumstances where a Doctor experiences a "trivial" interruption, for example during on-call, it may be agreed at Departmental level for work to commence at a later time the following day.
9.4 It is confirmed that Doctors on part-time contracts are entitled to the same compensatory rest breaks as Doctors on whole time contracts.
9.5 Compensatory rest must be uninterrupted and taken at a time when the Doctor is otherwise scheduled to undertake his/her normal contractual commitment, which could include both fixed and flexible sessions.
9.6 It is agreed that any compensatory rest will normally be built into the rota commitments i.e. Taken every 4-8 weeks. In any event, compensatory rest will be taken in the same 26 week reference period as it is accrued.
9.7 Rest entitlements will be reviewed in each Directorate every 26 weeks.
9.8 When monitoring compensatory rest entitlements, Doctors will calculate encroachment on prescribed rest breaks in relation to 24 hours rest per week.
9.9 In order to calculate entitlements to compensatory rest, Doctors will monitor the total hours worked (including hours worked on-call) over a minimum of four weeks using the monthly pay/attendance record.
9.10 Because of the difficulties involved in evaluating compensatory rest entitlements on an individual day to day basis, it is agreed that a system of aggregates (over a minimum four week period) will apply on a Directorate level. It is recognised that it may be necessary to undertake different calculations for Doctors on different grades depending upon the rota arrangements in force.
10. Exceeding the 48 Hour Limit on Working Time
10.1 As soon as it becomes clear that a Doctor will exceed the 48 hour average working week the person responsible for the job plan (usually the ACD) will commence consultation with the Doctor to vary the job plan to reduce the work commitment of the Doctor or the Doctor may wish to exercise their right not to be bound by the Directive (see Para. 14 below).
10.2 This re-negotiation of the job plan must be completed and the revised job plan implemented within the 26 week reference period.
11. Locum Career Grade Doctors
11.1 This agreement applies to Locum Career Grade Doctors employed by the Trust.
11.2 Where the appointment is short term, the reference period shall reflect the entire period of employment.
11.3 Where rest breaks are encroached upon, the contract of employment will be extended accordingly.
11.4 Where the Doctor is employed through an agency, the agency will be responsible for enforcing the Directive.
11.5 Where Locums are employed directly by the NHS, it is agreed that the Trust will remain within the spirit of this agreement.
12. Doctors with More than One NHS Employer
12.1 Where a Doctor holds a contract of employment with more than one NHS employer, this agreement will apply across all NHS posts. A lead employer (responsible for monitoring the hours worked, keeping records and ensuring this agreement is correctly implemented) will be identified and the Doctor will be notified accordingly.
13. Clinical Academics
13.1 Where a Doctor holds a contract of employment with an NHS employer and a university, this agreement will not apply. Clinical academics are covered by the terms of the Regulations and therefore entitled to be restricted to an average 48 hour working week and the prescribed rest breaks as set out in the Regulations. The trust will not advertise posts where they require Doctors to work more than an average 48 hour working week.
13.2 The Trust will liaise with the university employer and develop an agreed monitoring system to ensure that these Doctors receive their entitlements under the Regulations.
14. Dis-applying the Provisions of the Directive and the Collective Agreement
14.1 If a Doctor does not wish to be bound by the terms of this agreement he/she should give written notice to their Directorate Personnel Officer. This cannot have retrospective effect but must clearly indicate whether it will last indefinitely or if it is for a specified period.
14.2 A decision not to be bound by the agreement will need to be renewed in writing by the Doctor concerned. A 'reminder' letter will be sent to him/her, one month before the lapse, by the Personnel Officer.
14.3 For those individuals who elect to exceed the weekly hours limit, their letter of disapplication will be held on their personnel file and a register of those staff will be held by the Directorate Personnel Officer.
14.4 The Trust will issue a list of all Doctors who have decided to opt out of the agreement to the LNC each year on 1 January, 1 April, 1 July and 1 October. The list will identify the Doctors concerned and specify the number of hours worked by each Doctor during each reference period.
15. Health Assessments
15.1 It is confirmed that a health assessment without cost to the Doctor will be available to any Doctor who meets, or is about to take up work which means that he/she will meet the definition of a night worker under the Regulations. Any Doctor requesting a health assessment will not suffer any loss of pay or incur any expenses in connection with the assessment.
16. Unresolved Differences
16.1 Any differences over the implementation of the agreement arising between individual Doctors and the person responsible for job plans should be referred to the relevant Clinical Director and the Chairman of the LNC.
17. Review of this Agreement
17.1 This agreement will be formally reviewed between Trust management and the LNC on an annual basis and in accordance with the revisions to the Working Time Regulations.
18. Agreement and Implementation
18.1 This paper sets out the terms of the agreement between the Trust and the LNC, which will be implemented with effect from 1 October 1999.
Signed on behalf of the Trust.....................................................
Date...............................
Signed on behalf of the LNC......................................................
Date...............................
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