Junior doctors lose High Court case

Justice for Health has lost its High Court fight with Health Secretary Jeremy Hunt, after it mounted a legal bid arguing that the government did not have the power to impose a junior doctor contract that was ‘unsafe and unsustainable’.

Nonetheless, Justice Green ruled that Hunt had acted ‘squarely’ within his powers, but clarified the Health Secretary had pushed for NHS trusts to introduce the contract rather than compelling them.

The new terms and conditions the junior doctor contract are due to come into force at the start of October.

Green considered whether Hunt's actions lacked clarity and transparency and whether he acted irrationally in pursuing the new contract on the basis he believed it would help improve the quality of care at weekends.

The judge sided with the government on both counts.

Responding to the verdict, a Department of Health spokeswoman said: "We must now move on from this dispute to the crucial job of making sure patients get the same high standards of urgent and emergency care every day of the week, which involves more than the junior doctors' contract.

"We urge the British Medical Association (BMA) to remove all threat of further industrial action so we can work constructively with junior doctors to address their wider concerns and better recognise their vital importance to the NHS."

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This story was first published in digitalhealth.net

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