Working time directive and junior doctors’ training

26 May 2009
 

Last week, there was an important announcement on the consideration of the effect of working time provisions on the training of doctors.

Background
The European Working Time Directive (“Directive”) is intended to protect the health and safety of EU workers by laying down minimum requirements in relation to working hours, rest periods and annual leave.

The Working Time Regulations 1998 (“Regulations”) implemented the Directive under UK law and came into force on 1st October 1998. The UK negotiated an extension of up to twelve years to prepare for full implementation of the Regulations in respect of doctors in training. As part of the negotiations upon the extension, the Government stated that, by 1st August 2009, it would stipulate a 48-hour maximum working week for junior doctors.

Concerns & Response
Over the past few months, a number of health professionals have raised concerns over the detrimental effect of imposing a 48-hour limit on the working week of junior doctors. In order to address these concerns, on 21st May 2009, the Health Secretary stated that he has asked Medical Education England (the independent advisory board in England in this area) to commission a report.

The Postgraduate Medical Education and Training Board (the independent regulator of standards in medical training) will prepare the report. It will consider any changes to junior doctors’ training that may be necessary as a consequence of the implementation of the 48-hour maximum working week.

The Government has stated that it does have the option to derogate from the full requirements of the Directive for those services where more time is needed to implement the full terms of the 48-hour maximum working week. This could mean that doctors in training may be allowed to work an additional four hours a week for up to two years (2011) and exceptionally three years, to 2012. However, at the moment, the indications are that the Government intends to introduce a 48-hour maximum working week for junior doctors from 1st August 2009. Clearly, time is tight.

Comment
If there is no further derogation, any junior doctor will be able to refuse to work over the limit set and will be protected in doing so. Care must be taking in dealing with such complaints.