Working Time Directive

The European Working Time Directive (EWDT) applies to all staff.  The main features of the legislation are:
  • An average of 48 hours working time each week
  • 11 hours continuous rest in 24 hours
  • 24 hours continuous rest in 7 days (or 48 hours in 14 days)
  • A minimum break of 20 minutes in work periods of over 6 hours
  • A minimum of 5.6 weeks annual leave (pro-rata if part time)
  • An average of no more than 8 hours work in 24 (for night workers)

Detailed in the tabs below you will find Working Time Directive policy and process information in place in your Board.

National Services Scotland

When an employee wishes to undertake additional work activities (above an average of 48 hours a week) are required to declare these to NSS by completing a Notification of Additional Employment Form. 

An individual is permitted to choose to work more that the weekly limit and must complete the Maximum Weekly Working Week Exclusion Form.  More information on the EWTD is enclosed in the Working Time Directive Guidelines. 

NHS 24

Where you choose to combine working with NHS 24 and another employer, please note that this must comply with the Working Time Directive regulations of staff working no more than 48 hours per week on average across all employments with appropriate daily and weekly rest periods between shifts.  Employees must declare any secondary paid employment to NHS 24, by entering appropriate details onto eESS which will subsequently be authorised by line manager.       

NHS 24 does not allow employees to opt out of the Working Time Directive.

Public Health Scotland

From 1st April 2020 Public Health Scotland will bring together staff previously employed by NSS and NHS Health Scotland alongside new PHS employees, meaning different routes for staff to access HR information.  Please refer to the option below that best describes your circumstances to ensure you refer to the correct information.  

• I have TUPE transferred from NHS Health Scotland into Public Health Scotland – Please raise your query with HR via Contact Us
• I have TUPE transferred from NSS to Public Health Scotland – please select the National Services Scotland tab above to access all information.
• I am an employee in Public Health – please select the National Service Scotland tab to access all information.

Scottish Ambulance Service

It is recognised that individuals are legally entitled to engage in other work activities, whether paid or unpaid, secondary to their employment with the Scottish Ambulance Service.  This includes circumstances where an individual holds two contracts of employment within the same Board, each of which is considered to be ‘secondary work activity’ in relation to the other.  It also applies regardless of whether an individual considers their role within the Board to be ‘secondary’ to a primary contract of employment elsewhere

The State Hospital

There may be circumstances where it will be permissible to allow staff to work in excess of 48 hours. To enable this, staff need to agree in writing, by completing and signing a WTR Opt Out pro forma, see below. The Opt Out agreement is for a period of one year from the date of signing, therefore if you have signed one before it may be out of date. A copy of the pro forma will be held in the staff member’s personal file within HR. Once signed up, staff can withdraw from the Opt Out by giving one month’s notice in writing to their line manager. Staff who do not wish to work more than 48 hours, do not need to do anything - the 48 hour limit will apply automatically.

When an employee wishes to undertake additional work activities (above an average of 48 hours a week) are required to declare these to The State Hospital by completing a Notification of Additional Employment Form, see below.