Hallett v Derby Hospitals NHS Foundation Trust [2018] EWHC 796 (QB) (19 April 2018)
The High Court (Simler J) has dismissed a test case supported by the BMA which sought to establish that hours and rest break monitoring arrangements used throughout the NHS are contrary to the 2002 national NHS junior doctor national terms and conditions.
In a detailed 70-page judgment the High Court determined that the relevant contract of employment incorporated the Defendant’s local guidance documents, rather than certain Department of Health circulars, and that the approach adopted by the Defendant was rational and lawful.
The BMA has stated that it will seek permission to appeal from the Court of Appeal.
Richard Leiper KC and Joseph Barrett of 11KBW acted for the Defendant NHS Trust. John Cavanagh KC of 11KBW acted for the Claimant.
At §8 of the judgment Simler J recorded her gratitude to counsel and their legal teams for “…the excellence of the submissions, both written and oral.”
The judgment can be found here.
