NHS set to payout millions to junior doctors

Derby Hospitals NHS Foundation Trust has been found to have imposed ‘irrational’ contractual procedures for monitoring whether junior doctors were taking the breaks they were entitled to.

Dr Sarah Hallett brought the claim to the Court of Appeal in London with the backing of the British Medical Association (BMA) after she lost a High Court challenge in April last year. Her lawyers argued that patients could potentially be at risk and doctors could leave the profession because trusts were failing to monitor trainee medics and make arrangements for them to take breaks in line with their contracts.

As such, the court ruling means that junior doctors could receive millions of pounds to compensate them for lost rest breaks.The trust is expected to have to pay £250,000 to the doctors to compensate them for missed pay over eight months.

Dr Jeeves Wijesuriya, BMA junior doctors committee chair, said: “Today’s ruling is a victory for junior doctors and confirms that trusts or health boards have been using commercial software that has underestimated the hard work, long hours and inadequate rest faced by junior doctors for years. In overturning last year’s ruling, the Court of Appeal has established a binding precedent in England and Wales in favour of the BMA regarding how monitoring of junior doctors on the 2002 contract should be done.”