For doctors in training, the reference period is 26 weeks (six months) and so the 48-hour limit applies to an average of the hours over this period. This means that in some weeks it is possible, that a doctor may work more than 48-hours. However, rest requirements must be met for example, 11 hours rest n every 24-hours under EWTD. For other NHS staff, the reference period is 17 weeks, (which effectively represents the four months maximum permitted by Article 16(a) of the Directive). (See legal question on exceptional circumstances and emergencies).
An emergency might mean additional work needs to be undertaken, this could affect the average hours or mean that rest is missed. As additional hours may mean compensatory rest is due, or the doctor’s pay and banding may be affected, employers will have local procedures for authorising and recording additional hours. This is usually through the HR department / medical personnel, clinical manager or supervisor.
There is no strict rule about the hours worked in one day or week under the Working Time Regulations or the New Deal Contract of employment (the national terms and conditions for trainee doctors) should a patient need a doctor’s input or in the event of an emergency. Under EWTD, hours are averaged over six months. New Deal compliance is monitored twice a year, over a two-week representative period by NHS Employers.