What is a derogation and does it mean that we would be let off applying the regulations for a while?
Answer It is impossible to delay application of the WTD to doctors in training, as there has already been a long grace period in which to prepare. However there is some provision within the directive to apply a variation, either within the regulations or by collective agreement. This is a ‘derogation’. In the case of junior doctors it is possible to derogate from the minimum daily rest requirements set out by the WTD. The UK has derogated from these terms, and junior doctors are entitled to ‘compensatory’ rest equivalent to that which is lost when the ideal daily rate is not achieved.
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