A Definition of Rest
There is no official definition of the term "rest" as used in the New Deal.
Rest is period(s) of time spent at the availability of the employer, but not actually working. This period(s) does not include time spent in organised study etc, attendance at audit or other medical/trade union/N.H.S./research activities, nor periods spent waiting at the work place for admission, lab results etc.
Brief natural breaks, or short breaks for meals do not constitute rest.
NB The entitlements incorporated in the New Deal are for REST not SLEEP e.g. if work finishes at 2.00, the doctor sleeps from 2.30 to 7.30, but actually starts work at 8.00 after breakfast etc, this is a period of 6 hours continuous rest, even though 5 hours sleep is obtained.
REST IS PAID TIME. This is separate from time off, which is unpaid. If a half-day off after a night on call is unpaid time, it cannot be counted as rest. If however, the time is paid and the doctor therefore technically is available if needed, then this can be counted as rest. Half days to compensate for early starts or late finishes, even if taken after a night on call, are again unpaid time and cannot also be counted as rest.
Paid time is taken into account when calculating duty hours. Unpaid time is excluded.
Health Service Circular 1998/240 sets the following requirements for rest: -
Full Shifts
· No requirement for rest, but natural breaks should be adequate. At least a 30-minute continuous break after approximately 4 hours continuous duty.
Partial Shifts
· Natural breaks during 'normal working hours' if no out of hours duty i.e. 9am-17pm/8am-16pm
· Otherwise, total rest should equate to one quarter of the out of hours portion of a shift. For a shift from 9:00 to 21:00 (12 hours in total), the following applies - 9:00 to 17:00 with natural breaks, and 17:00 to 21:00 (4 hours total) with one hours rest. A 17:00 to 9:00 shift needs 4 hours rest.
· At weekends, all duty is classified as "out of hours", so a 9:00 to 21:00 shift (12 hours in total) needs a total of 3 hours rest.
· Frequent short rest are not acceptable, but the rest may occur at any time during the shift.
24 hour Partial Shift
· 6 hours rest in the 24 hours.
· 4 hours continuous rest between 22:00 - 8:00.
On-call Rota
· 8 hours total rest in 32 hours.
· 6 hours total rest in the out of hour’s period.
· 5 hours continuous rest between 22:00 and 8:00.
· Rest must equate one half of the out of hours portion of the shift.
· At weekends (which are all out of hours)
· 12 hours rest in the 24 hours
· 5 hours continuous rest between 22:00 and 8:00
· For all of these targets, the rest requirements must be met during at least three-quarters (75%) of all rostered duty periods.
