Extending the WTR 48-hour reference period

The WTR reference period for the 48-hour week can be extended beyond the standard 17 weeks under certain circumstances:

• the 17-week period can be replaced by 26 weeks for workers affected by special case exclusions (WTR 4(5)) (see chapter 5);

• 26 weeks is the standard reference period for doctors in training (WTR regulation 25A);

• 52 weeks is the standard reference period for offshore workers (WTR regulation 25B);

• a reference period of up to 52 weeks can be used if permitted by collective or workforce agreement (WTR regulation 23B).

Junior doctors were given longer to comply with the 48-hour week limit (which was phased in) but also a longer 26-week reference period. This can be extended for other doctors “by local collective agreement”.

The 52-week reference period is standard for offshore workers. This can be any period of 52 weeks or, under a relevant agreement, successive 52-week periods. In the directive that brought offshore workers into the scope of the EWTD, this 52-week reference period is subject to protection of safety and health, and consultation or negotiation, although this wording is not in the UK regulations.