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Table 1 Stipulations of the WTR and New Deal

From: Training for the future NHS: training junior doctors in the United Kingdom within the 48-hour European working time directive

 

Working Time Regulations

New Deal

Working hours

• 48-hour weekly average over defined period. Working hours include:

– Any period spent working

– Relevant training time

– All compulsory resident hours

• 56-hour maximum weekly average. Working hours include:

– Time spent on duty carrying out tasks

– Study leave/training

• Maximum 13 continuous duty days

Rest periods

• 11 consecutive hours in each 24-hour period

• Uninterrupted 24-hour period of rest in each 7-day period (or 48 hours in 14 days)

• Minimum 20-minute break every 6 hours worked

• Compensatory rest

• Dependent on shift pattern

• 30-minute break every 4 hours on more than 75% of occasions

Opting out

• Individual doctor choice

• In writing

• Can do no more than average of 56 hours of actual work a week

Annual leave

• Minimum 4 weeks paid annual leave

• Annual leave dependent on years worked

Monitoring

• Average working hours of individual doctor over 26-week reference period

• Minimum 2-week monitoring of rota compliance twice a year

Sanctions for non-compliance

• Improvement notice

• Prohibition notice

• Fine (£5,000/employee/week)

• Imprisonment of responsible authority

• Grievance raised

• Higher salary multiplier