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The working time regulations are individual rights therefore only the individual employee can make a claim for any breach of WTD. The WTD gives the individual the right to opt out, there is no mechanism for collective opt out negotiated by the unions.
You clearly have a warped view of what unions can do. Unions do not fund the NHS, do not employ nurses or doctors, do not run hospitals or make decisions about staffing. The unions, via the TUC, have a long standing policy of campaigning to remove the opt out which but as it is legislation it requires those responsible for the legislation to change it to remove the opt out.
So the unions didn't set the opt out, they don't agree with the opt out, don't fund the NHS, don't make decisions on staffing levels, can't prevent individuals from opting out and can't change the law...but they should be ashamed? Sounds like a poor attempt at deflecting the blame for the opportunity to do a little bit of union bashing.
Individuals backed by their union.
I BTW am pro union. I chaired an organisations police federation liaison in a previous role. If one of my officers was being REQUIRED to opt out and forced to work over 48 hours a week over a rolling 17 weeks I would have been all over it like a bad rash. And I would have been looking for other individual examples. Then I would have put the collective abuses to management . Then higher if not resolved. But in no way woulkd thery have been allowed to continue.