Working Time Directive Agreement for Career Grade Doctors

Working Time Directive Agreement for Career Grade Doctors Who Should Read This Policy Target Audience Career Grade Doctors Version 1.1 May 2018

Ref. Contents Page 1.0 Introduction 4 2.0 Purpose 4 3.0 Objectives 4 4.0 Process 4 5.0 Procedures connected to this Policy 7 6.0 Links to Relevant Legislation 7 6.1 Links to Relevant National Standards 7 6.2 Links to other Key Policies 7 6.3 References 8 7.0 Roles and Responsibilities for this Policy 9 8.0 Training 10 9.0 Equality Impact Assessment 10 10.0 Data Protection and Freedom of Information 10 11.0 Monitoring this Policy is Working in Practice 11 Appendices Appendix 1 Diary Card of Hours Worked Appendix 2 Template Letter Opt Out 48 Hour weekly limit Version 1.1 May 2018 2

Explanation of terms used in this policy Career Grade Doctors Consultants and Associate Specialist/ Speciality Doctors (Non-training Grades) BMA British Medical Association MLNC Medical Local Negotiation Committee Version 1.1 May 2018 3

1.0 Introduction Working Time Directive Agreement for Career Grade Doctors This policy sets out the agreement reached between the Trust and the MLNC concerning the local implementation of the Working Time Directive. This agreement extends the provisions of AL (MD) 6/98 to all Career Grade Doctors who undertake work for the Trust. 2.0 Purpose The aim of this policy is to ensure the Working Time Directive regulation is applied to all Career Grade Doctors in line with legislation. 3.0 Objectives The principle objective for this policy is to provide a framework to be followed in line with the Working Time Directive. 4.0 Process 4.1 Derogations It is confirmed that the derogations set out in Regulation 21 of the Working Time Regulations 1998 shall apply to all Career Grade Doctors (excluding academics). 4.2 Reference Periods For the purpose of this agreement, reference periods shall commence on 1 st April and 1 st October each year. It is agreed that Doctors should keep diaries of their hours worked over a minimum period of 4 weeks or over the rota cycle, whichever is preferable. The average figure for the 4 weeks monitoring period will apply over the 26 week period. Where variations between doctors working time is insignificant, it is agreed that the hours worked oncall will be calculated on a Departmental basis. This figure will then be used to calculate the average number of hours worked by doctors on the same on-call rota in the same department/unit. A decision on whether to implement this averaging will be taken by the doctors concerned at Division/Departmental level. 4.2 Protection Conditions currently in place which are more favourable than the entitlements under the Regulations will not be changed to a lower standard simply to comply with the minimum laid down by the Regulations. It is confirmed that doctors will not suffer any detriment as a consequence of them having exercised any of their entitlements under the Regulations. Version 1.1 May 2018 4

4.3 Calculations of Hours Worked Working Time Directive Agreement for Career Grade Doctors Periods of leave (e.g. annual leave, sick leave, study leave and maternity leave) are excluded from the calculation of hours worked. Therefore, where a doctor takes such leave when monitoring the number of hours worked, the average number of hours worked will be calculated over the weeks in which the doctor was not on leave. 4.4 On-Call Working time will be assessed on the basis that work begins when the doctor is called and commences work related activities (e.g. giving advice over the telephone or leaving home to visit a patient). Work during on-call will be calculated in 30 minute blocks, however long the activity takes to complete. For the purpose of calculating time worked on-call; travelling is included in working time. The calculation of working time ends when the task is complete (e.g. when a doctor arrives back at home). Where doctors are compulsory resident on-call the whole of the time spent in residence is classed as work for the purpose of this agreement. When, in the interests of patient care, a doctor needs to be resident on-call the whole of the time spend in residence is classed as work for the purpose of this agreement. If the doctor concerned and the person responsible for job plans cannot agree whether residence in hospital is clinically necessary, the matter shall be referred to the Medical Director. Where a doctor has been contacted by the hospital and is not formally on-call working time will be assessed as set out as above. 4.5 Compensatory Rest When work significantly infringes upon a prescribed rest break as set out in the Regulations, the full compensatory rest period (over and above any form of leave) will be granted. For the purpose of this agreement, any interruptions between 11:00 pm and 7:00 am will be treated as significant unless the doctor considers it otherwise. Between 5:00pm 11:00pm and 7:00am 9:00am a telephone call would be treated as a trivial interruption unless it is lengthy and has knock on effects over 30 minutes which may include a consequent clinical commitment. If a doctor is called into the hospital this will be treated as a significant interruption. It is confirmed that doctors on part-time contracts are entitled to the same compensatory rest breaks as doctors on whole time contracts. Compensatory rest must be uninterrupted and taken at a time when the doctor is otherwise scheduled to undertake his/her normal contractual commitment. It is agreed that any compensatory rest will normally be built into the rota commitments i.e. taken every 4 8 weeks. In any event, compensatory rest will be taken in the same 26 week reference as it is accrued. Rest entitlements will be reviewed in each Division every 26 weeks. Version 1.1 May 2018 5

When monitoring compensatory rest entitlements, doctors will calculate encroachment on prescribed rest breaks in relation to 24 hours rest per week/48 rest per fortnight. In order to calculate entitlements to compensatory rest doctors will monitor the total hours worked (including hours worked on-call) over a minimum of four weeks using the diary in Appendix 1. 4.6 Exceeding the 48 Hour Limit Working Time As soon as it becomes clear that a doctor will exceed the 48 hour average working week the person responsible for the job plan will commence consultation with the doctor to vary the job plan to reduce the work commitment of the doctor. This re-negotiation of the job plan must be completed and the revised job plan implemented within the 26 week reference period. If a doctor does not wish to be bound by the 48 hours average weekly limit he/she should give one months written notice to the Director of Workforce. An example letter is attached in Appendix 2. A decision not to be bound by the 48 hours average weekly limit will lapse after one year unless it is renewed in writing. The Trust will issue a list of all doctors who have decided to opt out of the 48 hours average weekly limit agreement to the BMA each year on 1 st January, 1 st April, 1 st July and 1 st October. The list will identify the numbers of doctors concerned but will only include the names and number of hours worked by each doctor during the reference period who has agreed for his/her details to be passed to the BMA. 4.7 Locum Career Grade Doctors This agreement applies to Locum Career Grade doctors employed by the Trust. Where the appointment is short term the reference period shall reflect the entire period of employment. Where rest breaks are encroached upon, the contract of employment will be extended accordingly. Where the doctor is employed through an agency, the agency will be responsible for enforcing the Directive. Where locums are employed directly or indirectly by the NHS, it is agreed that the Trust will remain within the spirit of this agreement. 4.8 Doctors With More Than One NHS Employer Where a doctor holds a contract of employment with more than one NHS employer, this agreement will apply across all NHS posts. A lead employer (responsible for monitoring the hours worked, keeping records and ensuring this agreement is correctly implemented) will be identified and the doctor will be notified accordingly. Version 1.1 May 2018 6

4.9 Clinical Academics Working Time Directive Agreement for Career Grade Doctors Where a doctor holds a contract of employment with an NHS employer and a university, this agreement will not apply. Clinical academics are covered by the terms of the Regulations and therefore entitled to be restricted to an average 48 hour working week and the prescribed rest breaks as set out in the Regulations. The trust will not advertise posts where they require doctors to work more than an average 48 hour working week. The trust will liaise with the university employer and develop an agreed monitoring system to ensure that these doctors receive their entitlements under the Regulations. 4.10 Health Assessments It is confirmed that a health assessment without cost to the doctor will be available to any doctor who meets, or who is about to take up work which means that he/she will meet, the definition of a night worker under the Regulations. Any doctor requesting a health assessment will not suffer any loss of pay or incur any expenses in connection with the assessment. 4.11 Unresolved Differences Any differences over the implementation of the agreement arising between individual doctors and the person responsible for job plans should be referred to a panel comprising the Medical Director, the relevant Clinical Director and the Chairperson of the MLNC. 4.12 Review of the Agreement This agreement will be formally reviewed between the Trust management and the MLNC at least on an annual basis. 5.0 Procedures connected to this Policy There are no procedures connected to this policy 6.0 Links to Relevant Legislation The Working Time Directive Regulations 1998 Department of Health Advance Letter AL (MD) 6/98 6.1 Links to Relevant National Standards Care Quality Commission(CQC) NHS Litigation Authority (NHSLA) National Institute for Health & Clinical Excellence (NICE) European Working Time Directive 6.2 Links to other Key Policies There are no links to other key policies Version 1.1 May 2018 7

6.3 References Medical and Dental Terms and Conditions Handbook European Working Time Directive Version 1.1 May 2018 8

7.0 Roles and Responsibilities for this Policy Working Time Directive Agreement for Career Grade Doctors Title Role Key Responsibilities Career Grade Doctors Adherence In assessing weekly working hours a doctor s normal contractual commitment as outlined in his/her job plan, any additional duties performed as a result of the needs of the service (e.g. management and other non-clinical duties), work undertaken while on-call and work undertaken where the doctor is not on-call but has been contracted by the hospital will be taken into account. Private practice is excluded from the calculations of hours worked. The following are examples of duties falling within the definition of work: Out-patient clinics Ward rounds Operating procedures Investigative work Participation in medical audit Administration Teaching/training Domiciliary visits Work for postgraduate deans; Official travel on duties listed above (including for on-call work) Work for LMWAGS Employment of staff duties i.e. interviewing committees (internal and external); Duties undertaken in respect of clinical governance (internal and external to employers) Management commitments Emergency visits Attendance at hospital committees Place of Work Accredited Representative (POWAR duties Representation on ACDA/RAC Category I activities Category III activities Research Work for regional/national NHS offices: Participation in disciplinary procedures as an internal or external assessor Royal College Committees The following are examples of activities which are excluded from the definition of work: Private Patient Work Category II activities RCSC activities Version 1.1 May 2018 9

Representation for the GMC BMA/CCSC/JCC activities Working Time Directive Agreement for Career Grade Doctors Under the definition of work in the Regulations, some duties will not be counted even though they will be undertaken for legitimate purposes. These duties will be treated in the same way as annual leave and excluded from the overall calculations of hours worked, except where it is agreed between the MLNC and trust that these duties will be calculated as work. 8.0 Training What aspect(s) of this policy will require staff training? How to manage implementation Which staff groups require this training? All Career Grade Staff Is this training covered in the Trust s Mandatory and Risk Management Training Needs Analysis document? No, staff will receive specific training in relation to this policy where it is identified in their individual training needs analysis as part of their development for their particular role and responsibilities If no, how will the training be delivered? Who will deliver the training? How often will staff require training Internally face to face Medical Staffing As and when required Who will ensure and monitor that staff have this training? MLNC 9.0 Equality Impact Assessment Black Country Partnership NHS Foundation Trust is committed to ensuring that the way we provide services and the way we recruit and treat staff reflects individual needs, promotes equality and does not discriminate unfairly against any particular individual or group. The Equality Impact Assessment for this policy has been completed and is readily available on the Intranet. If you require this in a different format e.g. larger print, Braille, different languages or audio tape, please contact the Equality & Diversity Team on Ext. 8067 or email bcpft.equalityimpactassessment@nhs.net 10.0 Data Protection and Freedom of Information Data Protection Act provides controls for the way information is handled and to gives legal rights to individuals in relation to the use of their data. It sets out strict rules for people who use or store data about individuals and gives rights to those people whose data has been collected. The law applies to all personal data held including electronic and manual records. The Information Commissioner s Office has powers to enforce the Data Protection Act and can do this through the use of compulsory audits, warrants, notices and monetary penalties which can be up to 20million or 4% Version 1.1 May 2018 10

of the Trusts annual turnover for serious breaches of the Data Protection Act. In addition to this the Information Commissioner can limit or stop data processing activities where there has been a serious breach of the Act and there remains a risk to the data. The Freedom of Information Act provides public access to information held by public authorities. The main principle behind freedom of information legislation is that people have a right to know about the activities of public authorities, unless there is a good reason for them not to. The Freedom of Information Act applies to corporate data and personal data generally cannot be released under this Act. All staffs have a responsibility to ensure that they do not disclose information about the Trust s activities; this includes information about service users in its care, staff members and corporate documentation to unauthorised individuals. This responsibility applies whether you are currently employed or after your employment ends and in certain aspects of your personal life e.g. use of social networking sites etc. The Trust seeks to ensure a high level of transparency in all its business activities but reserves the right not to disclose information where relevant legislation applies. The Information Governance Team provides a central point for release of information under Data Protection and Freedom of Information following formal requests for information; any queries about the disclosure of information can be forwarded to the Information Governance Team. 11.0 Monitoring this Policy is Working in Practice What key elements will be monitored? (measurable policy objectives) Where described in policy? How will they be monitored? (method + sample size) Implementation of Policy 4.0 Process Internal audit of the policy and its implementation Who will undertake this monitoring? How Frequently? Group/Committee that will receive and review results Group/Committee to ensure actions are completed Evidence this has happened Medical Staffing Annually MLNC Workforce Committee Minutes of meetings/ Completed action plans signed off Version 1.1 May 2018 11

APPENDIX 1 DIARY OF HOURS WORKED Name: ----------------------------------------------------------------------------------------------------- Speciality: ------------------------------------------------------------------------------------------------ Week Beginning --------------------------------------------------------------------------------------- Hours on Call MON TUE WED THUR FRI SAT SUN 00.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00 16.00 17.00 18.00 19.00 20.00 21.00 22.00 23.00 Total Routine On-call worked LEGEND Routine duties On-call duties Annual leave A/L Total Hours APPENDIX 2 Version 1.1 May 2018 12

TO THE DIRECTOR OF WORKFORCE I give notice that I (name) do not wish to be bound by the 48 hours average weekly limit for work for a period of 12 months from (date) I understand that in the future should I wish to be bound by the 48 hours average weekly limit for work; I will confirm my intention to do so in writing to you. I understand that under the terms of the Working Time Regulations the Trust will provide the BMA with details of those medical staff who wish to opt out. I confirm that the Trust can/cannot* let the BMA have my name. Name.. Signature Date. Version 1.1 May 2018 13

Policy Details Title of Policy Unique Identifier for this policy State if policy is New or Revised Working Time Directive Agreement for Career Grade Doctors BCPFT-HR-POL-0913-078 Revised Previous Policy Title where applicable Policy Category Clinical, HR, H&S, Infection Control etc. Executive Director whose portfolio this policy comes under Policy Lead/Author Job titles only Committee/Group responsible for the approval of this policy Month/year consultation process completed * n/a Human Resources Director of Workforce Human Resources Business Partner Workforce Committee May 2018 Month/year policy approved June 2018 Month/year policy ratified and issued July 2018 Next review date May 2021 Implementation Plan completed * Equality Impact Assessment completed * Previous version(s) archived * Disclosure status Yes Yes Yes B can be disclosed to patients and the public Key Words for this policy * For more information on the consultation process, implementation plan, equality impact assessment, or archiving arrangements, please contact Corporate Governance Review and Amendment History Version Date Details of Change V1.1 May 2018 Updated relevant Committee Titles and Job Titles V1.0 Sept 2013 New policy for BCPFT Version 1.1 May 2018 14