Legal Advice on Nurse Working Hours
In this article, we delve deeper into nurse working hours. Since it’s National Nurses’ Week, we thought there was no better time to discuss the pivotal role nurses play in keeping our healthcare system afloat.
Nurses are often the frontline providers of care. They monitor patients' conditions, administer medications, provide wound care, and assist with activities of daily living. Their constant presence ensures patients receive timely and necessary care. They also serve as advocates for their patients, ensuring that they receive appropriate treatments, medications, and resources.
In addition to patient care, doctors, surgeons and specialists all rely heavily on nurses to keep facilities and hospitals running smoothly. Nurses are often the go-to healthcare workers for emotional support for colleagues, family members and patients. In short, they are the original superheroes. Which is why it’s so problematic when it comes to the issues they sometimes face with nurse working hours.
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Nurses are the Tough Keyworkers that Keep the Healthcare System Running
In the world of healthcare, nurses are the backbone of patient support. We often think of nurses tirelessly and benevolently working away to ensure the well-being of those in need. While this may be true, what we don’t often see, lingering under the bedside manner, is the pressure, mental health issues and fatigue that most nurses face in their work life. Around 1.5million NHS nurse and health visitor days are lost per year to anxiety, depression and stress.
The demanding nature of nursing often raises questions about nurse working hours. As well as the important balance between providing quality care and safeguarding the health and safety of both patients and healthcare professionals. There are regulations in place that govern nurse work hours to prevent burnout, ensure optimal patient care, and promote the welfare of nursing staff. But with the shortage of medical staff that we’re currently seeing in the UK, are these rules being strictly adhered to?
The Working Time Regulations for Nurse Working Hours
Although the UK has left the European Union, the principles of the European Working Time Directive have been retained in UK law through the Working Time Regulations 1998. This directive aims to protect workers' health and safety by setting limits on working hours, rest periods, and annual leave. For nurse working hours, the EWTD mandates a maximum average working week of 48 hours over a period of around 17 weeks. This includes any overtime. It’s meant to ensure that nurses have sufficient time for rest and recuperation. Which reduces the risk of fatigue-related errors and sick days.
Moreover, the UK's Working Time Regulations (WTR) further reinforce the provisions of the EWTD, providing additional safeguards for nurses and other healthcare professionals. According to the WTR, nurses are entitled to at least 11 consecutive hours of rest in any 24-hour period. As well as a minimum daily rest period of 20 minutes if their working day exceeds six hours. These regulations aim to mitigate the risks associated with long shifts and irregular working patterns. Fostering a healthier and more sustainable work environment for nurses is key to a healthy medical system.
In addition to statutory regulations, healthcare organisations often implement internal policies and guidelines to manage nurse working hours effectively. These policies may include measures such as shift scheduling, break management, and workload distribution. They ensure compliance with legal requirements while maintaining high standards of patient care. By adhering to these policies, healthcare institutions strive to create supportive working environments that prioritise both the well-being of nurses and the quality of patient outcomes.
An Overview of Typical Nurse Working Hours
As a general rule, nurse working hours are very different to all other jobs. This is down to the nature of the work. Patient care is an occupation that comes in varying degrees of illness and severity. Because of this, it’s hard to define a clear-cut, long-term schedule for nurse working hours.
Nurse working hours are determined by location, demand and preference. As potential patients, we expect that hospitals and healthcare facilities to be open and fully functional 24 hours a day, 365 days a year. On days when most of us are granted leave for weekends and bank holidays, those in the medical profession are expected to work. In fact, these are usually the busiest times for a lot of emergency departments, due to DIY projects gone awry, hobbies turning causing injury and overzealous celebrations.
Typical Nurse’s Schedule
Typically, nurse working hours are as follows:
- 8-hour shifts. These hours will be split over five days and this is the closest schedule to a typical 9-5 that nurses can expect. This usually happens when the nurse is resident in schools or deals with primarily outpatients. Although this is the most traditional schedule for most workers, nurses will still be expected to work some evenings and weekends.
- 10-hour shifts. These shifts are usually spread over four days, giving nurses three days off a week. However, 10-hour shifts are not always offered.
- 12-hour shifts. These shifts are split over three days. While this is the most popular nurse working hours option, it is also the most brutal. 60% of NHS nurses work to this schedule. Nurses often prefer this pattern, as they have more days off to recover and catch up with their personal commitments. This shift pattern is usually seen in 24-hour care facilities, where round the clock care is required. For example, in hospitals, urgent care centres and assisted living facilities.
Nurse Working Hours are not Always in Keeping
Despite these regulatory frameworks and organisational initiatives, challenges persist in managing nurse work hours effectively. Staff shortages and unpredictable workloads can sometimes necessitate extended shifts or overtime work. This places strain on nursing staff and raises concerns about safety.
In recent years, nurses have frequently gone above and beyond to ensure adequate cover and care for their patients. With this in mind, it’s crucial for healthcare leaders to implement strategies to mitigate fatigue and minimise risks. Such as providing adequate staffing levels, promoting a culture of work/life balance, and offering support services for nurses facing excessive work demands.
Technology Could Bring Relief to Nurses
More recently, technological advancements in healthcare, such as electronic health records (EHRs) and telemedicine, present opportunities to streamline workflows and enhance efficiency in nursing practice. By leveraging technology, nurses can optimise their time spent on administrative tasks, allowing for greater focus on direct patient care and reducing the likelihood of work-related stress and burnout. However, it is essential to ensure that technology complements, rather than exacerbates, existing workload pressures, and that nurses receive adequate training and support in using these tools effectively.
By adhering to statutory requirements, implementing effective workforce management strategies, and embracing technological innovations, healthcare institutions can create environments where nurses can thrive professionally while delivering exceptional care to those in need. Ultimately, the collective efforts of policymakers, healthcare leaders, and frontline nurses are essential in striking the right balance between duty, compassion, and self-care in the pursuit of excellence in nursing practice.
What Should I Do if My Nurse Working Hours Exceed the Maximum Legally Allowed?
In the first instance, it’s important to have a conversation with your employer. Ensure that they are aware that you have been working longer hours than you are legally allowed to. If they themselves have also been overstretched, your unsustainable schedule could merely be an oversight on their part.
If you have spoken to your employer, but they haven’t made any steps to decrease your hours, you can raise a formal grievance. However, we recommend that you speak to an employment law expert before taking this step. Challenging your employer in such a formal way can be daunting and stressful, and getting the right advice early on in the process is the best way to prepare yourself for the road ahead.
Once you have raised a formal grievance, if your employer continues to schedule you to work more hours than you are legally allowed to after a formal complaint, you could resign and claim for constructive dismissal. This will usually lead to an employment tribunal. Our Employment Law Solicitors are here to guide you through this process. Please be aware that there are strict time limits for bringing claims to an employment tribunal. The time limit is usually within three months less one day of your last working day or the breach relied upon.
If you’re a nurse struggling with unsafe working hours, or you’re unsure of your rights, our experienced Employment Law team can help. We’re here to listen and guide you.
