How do WTD limits affect work for locum agencies or other employers?
It is very clear under WTD that no single employment can exceed the average 48 hours work per week, unless an individual enters into a written agreement to ‘opt-out’. The exception being any posts to which a derogation has been applied in which case a maximum of 52 hours work per week is then allowed. What is not clear under WTD is whether the 48 hours average working time (or 52 for any derogated posts) applies just to an individual employment contract or, where an individual has more than one job, across all of their employments. This is one issue that EU member states were negotiating in order to clarify the rules, but without reaching any agreement. However, it is advisable for an employer to take reasonable steps to ensure that employees are aware of the limit and able to achieve compliance by enquiring about any other employments (see HSC 1998/204 guidance). Such employment may be medical or non-medical, and within the NHS or independent practice or elsewhere . Employers should s
