Indemnity under the European Working Time Directive
10 September 2009
The European Working Time Directive (EWTD) is health and safety legislation to prevent employees working excessive hours.
Regulations bringing in the requirements of the EWTD were enacted into UK law as the Working Time Regulations in 1998 and provided for:
- a limit of an average of 48 hours worked per week, over a reference period
- a limit of 8 hours worked in every 24 hour period for night work
- a weekly rest period of 24 hours every week
- an entitlement to 11 hours consecutive rest per day
- an entitlement to a minimum 20 minute rest break where the working day is longer than 6 hours
- a requirement on the employer to keep records of hours worked.
The EWTD was extended to include doctors in training in 2004. The requirements stated that their working week should be reduced to 56 hours by August 2007 and further to 48 hours from August 2009.
MPS has recently been contacted by a number of members expressing concern about their indemnity arrangements under the EWTD, specifically when working beyond the limits of the Directive. The position paper, attached on the right-hand panel, clarifies MPS’s position.
See also the link on the right for more information regarding indemnity under the European Working Time Directive.