6. Appendix 2: Milestones for the European Working Time Directive

The European Working Time Directive (EWTD) is already in force for the majority of staff working in the NHS but an exemption had been negotiated for a number of years for junior doctors in training to allow extra time for the service to implement the necessary changes. An implementation timetable was agreed with the European Commission.
The process of implementation will start when the regulations come into force in August 2004. From this time, under the EWTD, the maximum allowable working week will be 58 hours and the various requirements for daily and weekly rest will apply. These provisions are:
- 11 hours' continuous rest in every 24 hour period
- A minimum 20 minute break when a shift exceeds six hours
- A minimum 24 hour rest in every seven days, or
- A minimum 48 hour rest in every 14 days
- A minimum of four weeks annual leave
- A maximum of eight hours work in 24 for night workers (if applicable).
It had been hoped that the Department of Health and the British Medical Association would be able to come to a 'collective agreement' or 'derogation' to modify the rest requirements so that Trusts could reduce rest requirements but have an agreed framework for compensatory rest. This has not proved possible and the UK intends to disapply the regulations so that Trusts will need to make individual arrangements to ensure that junior doctors get the compensatory rest to which they are entitled.
A further complication is the SiMAP judgement which also will apply from August 2004. This judgement from the European Court of Justice established the principle that doctors who are resident on call are deemed to be working even if they are asleep in bed. The effect of this combined with the regulations is likely to be an increase in the number of junior doctors who work full shifts.
From August 2007, the maximum weekly hours reduce to 56, and from 2009 to 48 hours. There is the possibility of an extension which would allow 52 hours from 2009 to 2012 with the final reduction to 48 hours in 2012 but this would be difficult to justify to the EC and it should be assumed that the EWTD will be implemented in full by 2009.

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