Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what data his Department holds on average working hours for midwives at NHS trusts serving the Maidenhead constituency; and what consideration he has given to introducing legal limits on midwives' working hours to help improve workforce retention and patient safety.

The Department has access to very limited data on paid working hours under an individual’s substantive contract. This data is not a reliable way to measure average working hours since it leaves out work done through bank or agency roles, any work outside the hospital and community health services sector, and “discretionary” work that is unpaid.

Employers have a duty of care to consider staff rights and wellbeing when balancing the demands of around the clock care in the best interest of patients and the rules around working hours, rest breaks, and paid leave as set out in the Working Time Regulations 1998. In general, the safeguards relating to working hours under National Health Service staff terms and conditions of service are stronger than the legal minimums. Working hours and shift expectations are made clear in employees’ contracts of employment. Certain exemptions may apply during emergencies or other unforeseeable events, allowing some rules to be changed or excluded under collective agreements. Employers have local arrangements agreed with trade unions and staff, to address modifications in the event of emergencies.