Should services be planned on junior doctors working no more than 48 hours a week?
The WTD makes clear that employees, including junior doctors, cannot be required to work more than the average of 48 hours a week over the reference period (usually fixed at 26 weeks for doctors), They can ‘opt-out’ of this limit if they wish but if they do so they must be able ‘opt-in’ again, with notice. As junior doctors change posts frequently (and recruitment must not be influenced by whether a doctor is prepared to ‘opt-out’) it is safest for planning purposes to assume that incoming junior doctors will want the 48 hour limit applied – and to plan services, rotas and training on that basis. The exception would be where a derogation has been applied in which case services, rotas and training may be planned on the basis of a 52 hour week. Where doctors are willing to opt-out any extra hours they offer might be used (for junior doctors up to the limits of the New Deal) to provide occasional cover rather than a regular commitment. Employers will also want to be mindful of any impact
