POLICY AND PROCEDURE ON WORKING TIME REGULATIONS This policy and procedure provides apply the Working Time regulations within the PCT. We welcome feedback on this policy and the way it operates. We are interested to know of any possible or actual adverse impact that this policy/procedure may have on any groups in respect of gender or marital status, race, disability, sexual orientation, religion or belief, age or other characteristics. Document No.

Version

Date Approved

Renewal of existing policy

September 2009

Last Review June 2004

Review Date

Equality Impact Assessed

September 2011

Yes (partial)

Author/Contact Person Richard White (24)3926

Approved By: For use by (staff groups) Document Owner: Document Status:

All groups Richard White Approved

1

Contents Para No 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 13. 14. 15. 16.

Description Introduction and Purpose Scope of Policy Responsibilities The Weekly Working Hours Limits Rest Periods and Rest Breaks Night Work Statutory Annual Leave Record Keeping Bank Work Monitoring/Review Equality impact assessment Standards for better health Overall responsibility for the document Implementation and dissemination of document Attachments – for guidance Appendix One – Working Time Regulations – Guidelines Appendix Two – Clause inserted into contracts Appendix Three – Out letter and monitoring sheet’

Page No

MILTON KEYNES PRIMARY CARE TRUST THE WORKING TIME REGULATIONS 1. Introduction and Purpose 1.1 The Working Time Regulations implement the EU Working Time Directive. This policy aims to interpret and implement the regulations locally, and provide an update of the regulations that have occurred through changes in the regulations, or case law interpretation. It uses documents from ACAS, and the Business Enterprise and Regulatory Reform in addition to legal advice and department of health documents. This policy also sets a standard in terms of the Trust promoting a framework of reducing the long hours culture, as required in the likes of the IWL standard. The regulations give rise to rights and obligations related to work and rest, including limits on average weekly working time, requirements to offer health assessments to night workers, maximum daily and weekly rest periods, rest breaks at work and paid annual leave. 1.2 The Regulations apply to “workers” over the minimum school leaving age of 16. Some special provisions cover “young workers” - those aged between 16 and 19. A worker is in effect anyone engaged by the Trust This therefore includes those who have a direct contract of employment, but also more widely anyone who performs work for payment or non payment for example, bank, agency, pool and relief workers. With effect from August 2004, the Regulations will include doctors in training. The genuinely self-employed are excluded as are contractors employed by another employer. There are also derogations which mean that some rights are amended these are provisions which can be applied flexibly, or in some cases, excluded altogether. These are available for certain groups of employees, some of which are applicable to Trusts, for example: i) Staff whose working time is unmeasured and not predetermined, particularly managing executives or others with autonomous decision taking powers - this is likely to apply only to a few senior posts in the NHS. ii) Staff in activities involving the need for continuity of services, particularly service relating to the reception, treatment and care provided by hospitals or similar establishments. Implementation of this derogation requires collective agreement and arrangements for compensatory rest to be given to staff required to work longer than the working time limits. iii) Staff working shift systems or split shifts - again compensatory rest must be given. iv) Other Trust staff - flexibility may also be agreed for some provisions by collective agreements. In addition, it is possible for individuals to

voluntarily agree to dis-apply certain provisions of the Regulations. However, it should be remembered that there is a general responsibility for the Trust and all managers under health and safety law to protect as far as is reasonable and practicable the health and safety at work of all workers. NHS employers also have a responsibility to protect the health and safety of patients, others receiving health care, and the general public. 1.3 The policy is separated into five sections relating to six key aspects of the regulations. Each section briefly describes the requirements of the Regulations, identifies some implications for the Trust and management responsibilities and action needed. The sections are: • Weekly working hours limits (maximum working time) • Rest periods and rest breaks • Night work • Entitlement to annual leave • Record keeping 1.4 The Trust supports the key aim of the Regulations, which is to ensure that all workers have sufficient rest in order to enable them to do their job. The Trust wishes to support staff by putting in place workable shift arrangements, by providing appropriate health assessments and suitable rest breaks and by agreeing these with staff. New staff will be provided with a summary at induction see appendix 1 Guidelines 2

SCOPE OF THE POLICY This policy applies to all employees of the PCT, however certain categories such as junior doctors and young workers (those aged 16 or 17) have specific difference identified within this document.

3 RESPONSIBILITIES It is the responsibility of the Trust to implement the Regulations, to ensure that managers and staff are aware of their obligations and to monitor the application of the policy. Managers should ensure that all working patterns comply with the Regulations, that in normal circumstances staff have appropriate rest breaks and that no member of staff suffers a detriment if they raise issues of concern or refuse to work additional hours. It is also essential that records are kept of all hours worked. Staff have a responsibility to co-operate with management in complying with the policy, to declare any additional hours that they may be working or to sign the’ opt out’ form. Wherever possible, staff should take their breaks.

4. THE WEEKLY WORKING HOURS LIMITS 2.1 The maximum weekly working hours limit for non junior doctors or workers aged over 18 is 48 hours over a 17 week calculation period or in some circumstances over a 26 week period. For “young workers”, those aged 16 and 17 they must not work more than eight hours a day and a maximum of 40 hours per week that cannot be averaged. For junior doctors the calculation is over a 26 week period 4.2 Individuals can agree to “opt-out” of this requirement through a written agreement (See Appendix One). If an individual “opts-out” a record of this decision must be kept by managers. 4.3 The 48 hour maximum applies to all employment including all work for the Trust and work in other organisations. Employees will be asked to indicate the if they intend to work over 48 hours average with this or other organisations at the start of their working for the Trust. Clauses will also be inserted in contracts of employment (Appendix Two). If an employee intends to dis-apply the 48 hour rule they are required to sign the form stating so, and record their working hours, and submit this to the Trust. (Appendix Three). 4.4 Time “on-call” when the employee is not required to sleep in on site is not counted as working time until the individual is contacted at home and/ or attends work to undertake duties having being called in. Sleep-in time, where the person is sleeping at the hospital/care home and is required to do so to undertake their duties, is counted as working time. 4.5. Managers should monitor the working hours of their staff in conjunction with the Payroll Department. Where staff wish to continue to work more than the 48 hour maximum (on average per seven day period over a 17 week calculation period), they should sign the “opt-out” agreement which should be reviewed every six months. Managers should keep a record of all staff who opt out. The Trust will specifically monitor the working time of junior doctors in accordance with national requirements.

5

REST PERIODS AND REST BREAKS

5.1 Rest periods are unpaid time between shifts or spans of duty, usually overnight, but also including lunch breaks (unpaid). Rest breaks are shorter breaks, within the shift or span of duty, again unpaid. 5.2 All workers should have a minimum 11 hour rest period in every 24 hours, (12 in 24 for young workers) and a 24 hour rest period in every 7 day period, (36 hours minimum for young workers) or 48 hour period in a 14 day period. 5.3 There can be exceptions to the above in certain circumstances including: • Shift workers, for example, swapping from a “late” to an “early” as part of a shift rota system

• •

Workers undertaking split-shifts Workers involved in undertaking activities involving the need for continuity of service particularly service relating to the reception, treatment and care provided by hospitals or similar establishments.

Equivalent compensatory rest must however be given in these circumstances and the period of time to calculate average working time is 26 weeks rather than 17. Compensatory rest should be given as close to the time when flexibility was needed and still give the employee sufficient time off in total. 5.4 All workers 18 years or more should have a minimum 20 minutes (unpaid) rest break if they work more than 6 hours at a stretch (30 minutes in 4.5 hours for young workers). In other words if a shift or working day lasts for more than 6 hours there should be a 20 minute break which is unpaid. This is not in addition to a lunch break. This does not mean 20 minutes for every working period over 6 hours, or proportion thereof, worked. The purpose of this break is important to enable staff to have a meal or refreshments. Staff must make every effort to take their breaks and this should be supported by managers and supervisors accordingly. 5.5 Where it is necessary for the worker to work through their break in order to provide continuity of care, they will be entitled to compensatory rest. 5.6 It is a requirement that rest breaks are taken during, rather than at the end of, shifts. Rest breaks should not be at the immediate start or the end of the working period, unless collective agreement as already applied within some areas of the Trust. 5.7 Managers and supervisors are required to check rotas and working patterns to ensure that they comply with the Regulations, or where they do not, and staff are subject to the exceptions, that equivalent compensation rest is given as detailed above. 5.8 Workers who can generally decide how long they work because of the nature of their job are exempt. Those workers without this freedom to choose are not. If a worker considers they do have such freedom and are exempt, they are to seek agreement with their senior manager to confirm and recognise this as being agreed by the Trust. 6. NIGHT WORK 6.1 Night time is defined as 11pm to 6am. A night worker is someone who works at least 3 hours daily during night time hours as a normal course. This means that workers on a rotating shift may be night worker even if their shift pattern results in them working regularly at night even if this is not a majority of the time. The exception to this is Junior doctors who are not classed as night workers.

6.2 Night workers (who are not involved in areas of special hazard - see section 4.5) can work a maximum of 8 hours on average for each 24 hour period, again calculated over a 17 week reference period. This means that six 8 hour shifts, per 7 day period is the absolute maximum. Three 12 hour shifts in a seven day period are also acceptable because this gives less than an average of eight hours per night on average. 6.3 The 17 week reference period can be extended to 26 weeks by collective agreement in exceptional circumstances. 6.4 All night workers should be screened by the Occupational Health Department prior to taking up a night-work job in order to determine if they are fit to carry out night work. All existing night workers are entitled to an annual health assessment. Managers should refer workers to the Occupational Health Department using the form available from Occupational Health. If queries arise, medical advice may be needed and potential transfer to available day work may need to be considered. Salary protection will not apply. 6.5 Night workers employed in areas involving a special hazard are limited to a maximum, not an average, of 8 hours a night in a 24 hour period. Hazardous work includes work involving heavy physical or mental strain. Night work should be assessed using the Trust’s risk assessment process.. 7.

STAUTORY ANNUAL LEAVE All staff are entitled to a minimum of 5.6 weeks paid Statutory annual leave per annum (pro rata for part time staff). This figure is inclusive of general public or bank holidays such as new years day etc . Statutory annual leave (5.6 weeks inclusive) cannot be cash paid in lieu, except on termination. It cannot be carried forward, but must be taken in the leave year. Statutory annual leave will be based on normal pay not basic pay. Calculations for paid annual leave entitlement continue if the Trust employee is paid or unpaid. This is of particular importance in situations of sickness or maternity, for detail see respective policy. NHS terms and conditions provide excess to statutory annual leave.

8.

RECORD KEEPING There are no specified, additional record - keeping requirements, except where any workers have “opted-out” of the 48 hour week maximum when a record of such workers must be kept. Generally employers must be able to produce adequate records to cover queries from individuals or the Health & Safety Executive, and retain records for at least two years. Managers should ensure that time sheets are fully and correctly completed and submitted promptly to Payroll. Payroll will then have most records required in terms of hours worked and paid.

9.

BANK STAFF / OVER TIME Most bank workers will be engaged through NHS Professionals who have their own separate regulations concerning application of Working Time Regulations. In situations when a manager is to engage additional staff they are required to follow Trust guidelines covering this. Bank only staff are entitled to 4 weeks paid leave per annum, pro rata for hours worked, subject to the continuity of the employment relationship, calculated on a quarterly basis, i.e. a maximum of 1 week’s leave per quarter. A bank worker will break the continuity of the employment relationship if they have a break of 8 weeks or more in any one quarter, this will mean they are not entitled to any annual leave for that quarter. 4 weeks paid leave per annum equates to 1 hour of leave for every 12 hours worked.

10.

MONITORING/REVIEW The policy will be monitored on an annual basis to ensure that the Trust is complying with the Regulations. Further advice on all aspects of the Working Time Regulations is available from the Human Resources Department. The policy will be reviewed in 2012, or earlier if appropriate.

11.

EQUALITY IMPACT ASSESSMENT An equality impact assessment on this document has been conducted. It has a medium impact. It will require the monitoring of staff outcomes through this process using the Electronic Staff Record system. Reports will be made to the Joint Staff Side Committee as part of operational monitoring and impact upon diversity. In addition an audit of average working hours of staff will be conducted within the Trust to direct line managers to ensure if required staff observe the requirements for opting out. .

12.

STANDARDS FOR BETTER HEALTH Domain Definition/Evidence Clinical and Cost Healthcare decisions and services are based on what appropriately assessed research evidence has shown Effectiveness provides an effective outcome for patients’ individual needs All providers of health services have in place the Governance managerial and clinical leadership and accountability, the organisational culture, and the systems and working practices to enable probity, quality assurance, quality improvement and patient safety to be the central components of all routines, processes and activities.

13.

OVERALL RESPONSIBILITY FOR THE DOCUMENT The Deputy Director of Human Resources will take lead responsibilities for co-ordinating the development, implementation, review and upkeep of the document.

14.

IMPLEMENTATION DOCUMENT

AND

DISSEMMINATION

OF

THE

The document will distributed through the PCT Intranet site, to which staff can access. In addition its link will be circulated to the PCT senior manager and staff Joint Negotiating and Consultative Committee membership. The Document will form the basis of associated management training in the Trust

Appendix One Working Time Regulations – Guidelines INTRODUCTION The Working Time Regulations, specifies certain limits and provisions regarding working hours and patterns for all employees. 48 HOUR WORKING WEEK There is a basic limit on a worker's average weekly working time: The Trust is required to take all reasonable steps to ensure that workers do not exceed the limit of an average of 48 hours per week. This average is calculated over a period of any 17 or 26 week period (depending upon the role), and includes all working time. Where the calculated average is anticipated to exceed 48 hours in any 17 / 26 week period, the Trust requires have written consent from the individual. Working time includes work for the Trust or others. Trust workers are required to declare additional working sources at the start of the working time with the Trust. This needs to be in writing and sent to your manager. If the worker voluntarily agrees to dis-agree the regulations a written record of consent and the terms of that consent must be kept, along with a weekly record of hours actually worked. Copies of these are available in the Trust policy on working time. If the individual does not wish to work hours above the contracted hours, then we cannot insist that they do this. NIGHT WORK A Night Worker is defined as someone who works at least 3 hours of their daily working time between 11.00pm and 6.00am as a normal course. Where the night workers are involved in special hazards or heavy physical or mental strain they must not exceed 8 hours work in any 24 hour period. "Special hazards" or "heavy physical or mental strain" as agreed collectively in the Trust. Night workers have an entitlement to regular health assessments DAILY REST ENTITLEMENTS Staff are entitled to a rest period of not less than 11 consecutive hours in each period of 24 hours during which they work. Staff are also entitled to a rest break of 20 minutes when daily working time is over 6 hours. Staff aged under 18 years are entitled to a rest break of 30 minutes when daily working time is more than four and a half hours. WEEKLY REST ENTITLEMENTS In addition to the daily rest period of 11 consecutive hours, and any paid annual leave, staff are also entitled to an uninterrupted rest period of not less than 24 hours in each 7 day period.

DEROGATIONS In some circumstances across the Trust leave may not be immediately applied, and like time or compensatory rest be provided, i.e. I only had 9 hours rest period between one day, but the next I had 16. PAID ANNUAL LEAVE ENTITLEMENT Annual leave entitlement will be accrued during paid or unpaid periods of employment. This is of particular importance to those on unpaid sick or maternity leave. As a general principle, all employees should be permitted to take their full leave entitlement in any given year, and limited carry-over of leave (5 Days) and is only permitted in exceptional circumstances. Departmental records must be kept to demonstrate that annual leave entitlements are granted and taken, in line with terms and conditions of employment (and hence the regulations).

Appendix Two WORKING TIME REGULATIONS CONTRACTS OF EMPLOYMENT Additional clauses are included as terms and conditions of service The Working Time Regulations 1998 (SI 1998 / 1833) You are required to comply with Trust policies, procedures and guidelines on the implementation of the Working Time Regulations. This includes declarations of hours worked and breaks taken, completing written records if required, and reporting any instances where your pattern of working hours may constitute a health and safety risk to yourself, patients, the public and other Trust employees. You have the right not to be subjected to any unlawful detriment by reporting any concerns under the Regulations. Additional work You are required to disclose in writing any additional work you undertake or are planning to undertake. The Trust will permit you to undertake this additional work providing the Trust is satisfied that this does not conflict with the interests of the organisation, performance of your normal duties or with the requirements of the Working Time Regulations.

Appendix Three INDIVIDUAL AGREEMENT TO DIS-APPLY THE 48 HOUR AVERAGE WEEKLY LIMIT

Name of employee: Job Title: Department: This form of Agreement is drawn up under the Working Time Regulations and provides for the worker to enter into an agreement with Milton Keynes Primary Care Trust to dis-apply the 48 hour limit in respect of the total weekly average hours required in their case. This is a voluntary agreement, as decided by the worker, it must be in writing using the format below, and it must be signed by the worker.. The example is provided below. I (insert name ………………….) agree that I may work for more than an average of 48 hours a week. If I change my mind, I will give my employer (Milton Keynes PCT) 3 months notice in writing to end this agreement, unless by mutual agreement this is agreed for the notice period to be reduced due to exceptional circumstance. Despite agreeing to dis-apply the limit, I am fully aware that I have a responsibility not to work hours so long that they may impair my efficiency, ability or expose the Trust, my colleagues, the public or property to risk. In working such hours I accept that if I contravene this standard management action as appropriate will be taken. I agree to keep accurate records of my all my working hours in accordance with Trust requirements. As per the attached sheet. I am aware that I am under no obligation to sign this agreement and that it is illegal for me to be subjected to any detriment if I decline to sign.

Signature:

Date:

Please return this form to your manager for retention on your personal file. Please ask if you would like a copy.

Weekly Working Hours Record Name

Department

Monitoring period From To th In this column enter the Week Commencing i.e 16 Total of all working June 2009 hours per week

Total for this 17 or 26 week period I confirm that the above is an accurate record of my total working hours for the week stated above. Signature: __________________________________________________________ Date:

_______________________________

Verified by Line Manager: Signature: ______________________________________________ __________

Date:

A copy of this record should be kept on file for at least 2 years.