NHS Deal On Working Time

20-01-2006

Representatives of the European Union member states have reached an unofficial agreement with the UK about 'on-call' working time that could help to avert a major staffing crisis for the NHS and other employment sectors.

However, arguments over the UK's opt-out to the Working Time Directive seem likely to scupper the plan, prompting senior MEPs to call on the government to separate the two issues.

The proposal follows adverse reaction to two European Court of Justice rulings involving hospital staff, which stated that time spent on-call should all be regarded as working time, even if the doctor was asleep for part of the period.

The Lords' EU committee warned that "the effect would be tantamount to losing the equivalent of 3,700 junior doctors", who are allowed to work a maximum of 58 hours a week.

If the new agreement was implemented, it would mean staff who are at work but not required by their employer to carry out their activity or duties would not have to count those hours towards the maximum working week set down by the 2003 Working Time Directive. This would, be classified as inactive working time.

On-call time would mean periods during which the worker has the obligation to be available at the workplace, at the employer's request, to carry out his activities or duties.

Once again, it seems that this issue is likely to be sidelined, as it is presently tied in with wider arguments over the UK's opt out to the Working Time Directive.

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