Consultants consider court action over new contracts
Consultants are considering taking the Government to court over Ministers’ refusal to continue talks about pay and conditions.
The British Medical Association (BMA) announced that legal action was being considered to stop consultants working more than the 48-hour week set down in the European Working Time Directive.
The BMA argues that a large number of senior doctors in the UK are putting their and their patient’s health and safety at risk because of the hours they work.
Dr Paul Miller, Chairman of the BMA’s Consultants Committee commented, “We will be seeking individual cases of consultants who are considered to be working in breach of European law on working time. Five years after the European Working Time Directive was implemented for senior doctors in the UK, a large number are still working in excess of the maximum legal limit of 48 hours a week for the NHS. This poses a considerable threat to the health and safety of these doctors and more significantly to their patients.”
The Government had put forward a new working contract which was roundly rejected by consultants because they believed it gave to much power to NHS managers to decide their working week. The deal had taken two years of negotiations with the BMA to agree and its rejection led Ministers to say there would be no further negotiations.
Dr Miller added: “The Secretary of State’s proposals for rewarding consultants continue to be unpopular and are widely viewed as unworkable. Despite the concession to only schedule non-emergency work at weekends and evenings with the agreement of the consultant, there are still major problems with the proposed new contract and implementation should be resisted locally. We remain convinced that the best solution for consultants and for the NHS is a new national contract.”
The BMA is also considering legal action on the 10 per cent rule, which prevents consultants on a full-time NHS contract from earning more than 10 per cent of their NHS salary from private work. The BMA believes that the rule is unlawful because it restricts earnings and could be considered as a restraint of trade.
