What is a derogation?
A derogation allows an EU member state more time and flexibility to implement the WTD for junior doctors for up to two years (2011) and, exceptionally, three years (2012), where there are specific problems. There is no derogation in respect of the rest and leave provisions of WTD. The UK has sought a derogation that can be applied to doctors in training who have duties in services that are delivering 24-hour immediate patient care, in some supra specialist areas or in small, remote or rural units. These services can be enabled, through amendments to the UK Working Time Regulations, to plan services with up to a 52 hour week for up to two years and, exceptionally, three years. Trusts must continue to work to achieve 48 hour compliance. Employers seeking permission to operate a 52 hour week under the derogation have to make application to the Department of Health via their SHAs, who will provide advice on guidance on the format of that application.
