‘This appeal from Simler J (as she then was) raises a question of some importance concerning the extent to which the Defendant, an NHS Foundation Trust, complied with its contractual obligation to monitor whether junior doctors employed by it take 30 minute natural breaks after approximately 4 hours’ continuous duty. There are financial incentives (or penalties) for NHS Trusts to secure compliance with rest break requirements and other controls on hours and intensity of working: where valid monitoring demonstrates non-compliance junior doctors are entitled to a supplement to their pay, known as a Band 3 supplement, which is worth 100% of basic pay.’
[2019] EWCA Civ 1394, (2019) 169 BMLR 1
Bailii
England and Wales
Health Professions
Updated: 10 December 2021; Ref: scu.640099