Hallett v Derby Hospitals NHS Foundation Trust [2019]
Decision Number: EWCA Civ 1394 Legal Body: Court of Appeal (England and Wales)
Published on: 06/08/2019
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Background

This appeal involved a junior doctor who was employed under the standard contract of the Terms and Conditions of Service for NHS Medical and Dental Staff.   This contract required the Trust to monitor work patterns, hours and rest breaks through ‘local monitoring arrangements’.

This required junior doctors to have 30-minute break after four hours’ duty.   If there was a failure to appropriately monitor (which required information from 75% of doctors in training on the rota) then the junior doctors were entitled to a supplement in their pay. It was estimated that the cost to the Defendant could be around £250,000 in supplementary pay for the Claimant's group of junior doctors over an eight-month period. The cost more generally,

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 06/08/2019