Member States were close to agreeing changes to the WTD to address the impact of the SiMAP and Jaeger cases in December. However, no deal was reached and the WTD dossier has passed to the Austrian Presidency of the EU. There are no guarantees that the Government will achieve changes to the directive and any agreement would have to be passed by the European Parliament as part of the very lengthy co-decision process. The NHS should plan for implementing the 48 hour week for doctors in training based on current WTD interpretations.  

SiMAP and Jaeger were two European Court of Justice rulings that clarified the exact definitions of the WTD and what counts as working time and what doesn’t. The cases make it more difficult as residential on-call time spent resting or sleeping in hospitals now counts as working time, even if the person does not undertake any work also compensatory rest for working during a rest period must be taken immediately rather than within a reasonable period.

For further details please contact tim.lund@skillsforhealth.org.uk