EWTD Junior Doctors Opt out agreement

What governs the hours I work?

The hours you work and are paid for are governed by three 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.

Your contract defines your salary, based on the banding of the rota you work, your grade and your years of service according to the nationally agreed conditions for junior doctors. Since August 2009 (the final deadline for compliance with the WTR) the maximum hours you can work and be paid under a standard contract is 48 hours. The key differences between the WTR and the New Deal regulations are summarised below:

Provision / WTR (EWTD) / New Deal Contract
Uninterrupted rest per day / 11 hours / 8 hours between full shifts
Natural breaks / 20 mins every 6 hours / 30 mins every 4 hours
Uninterrupted rest per week / 24 hours in 7 days or 48 hours in 14 days / 24 hours in 7 days or 48 hours in 14 days
Duty hours limits / None / On call rotas -72 hours/week, Partial shift – 64 hours/week, Full shift – 56 hours/week.
Hours of work limits / 48 hours/week – unless opted out / Should not work more than 56 hours of actual work/week.

Article 5 of the WTR allows an individual to opt out of the 48 hour limit (but not the other limits). The New Deal does not include provision for opting out.

Working additional hours

Your employer can ask you to work additional hours as an internal locum for additional payment or in exchange for time in lieu to cover, for example:

  • unpredictable gaps in a rota (e.g. staff sickness);
  • emergencies that require additional staff;
  • gaps in an out-of-hours duty rota due to unfilled vacancies.

However, your employer cannot insist that you carry out such additional work during normal hours if:

  • you are not competent to do so;
  • doing so would compromise patient care
  • doing so would prevent you from taking natural breaks more often than 25% of the time

So what does signing this opt out Agreement allow me to do?

Signing this opt-out Agreement allows you to work and be paid for additional hours beyond the average 48 hour WTR limit, as an internal locum, if asked to do so by PHT.

What doesn’t signing this opt out Agreement allow me to do?

Signing this Agreement does not allow you to:

  • work more than an average of 56 hours per week;
  • exempt yourself from the New Deal rules or other parts of the WTR, e.g. rest requirements;
  • Claim payments for additional hours worked that were not previously agreed with PHT.

If you choose to sign this opt-out Agreement PHT cannot:

  • insist you work additional hours;
  • prevent you from taking natural breaks;
  • Ask you to carry out duties that are outside your level of experience or competencies.

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, departmental Operational Manager or your Divisional Workforce Manager