Doctors threaten hours action

Working hours limits are to be part of junior doctors' contractual rights

Northern Ireland's hospital doctors have threatened legal action against their employers if they are made to work longer than a new limit of 56 hours per week.

Employment legislation due to come into operation on Friday requires hospitals to cut excessive hours worked by junior doctors.

However, the British Medical Association says almost a quarter of senior house officers and registrars are still working over 70 hours a week.

It is feared the guidelines could result in a shortage of cover, especially in accident and emergency departments.

However, some healthcare workers say employers have known about the obligations for a long time, so there should be no excuse for them not being prepared.

John Jenkins, chairman of the implementation support group set up by the Department of Health, said that the shortage of doctors in Northern Ireland meant that junior medics might not benefit from the legislation.

"I was asked to chair this implementation support group two years ago, and I have made my colleagues aware right from that time that we would have to go through a process to reach that point, but that we knew we could not achieve it by this summer," he said.

Guaranteed breaks

On Friday, limits on hours worked as well as guaranteed breaks are to become part of junior doctors' contractual rights.

Hospital trusts that do not abide by the limits on hours could have training posts taken away, as well as the possibility of facing legal action from disgruntled doctors.

Under the doctors' New Deal agreement of 1991, doctors should not be on their feet working for more than 56 hours a week, or do more than 72 hours of total work (including time spent on call).

The limits, initially introduced as guidance, have applied to first-year doctors since 2001, but will now be contractually binding for all junior doctors.

Trusts also face another obstacle next year when they have to implement the European Working Time Directive, which is even more stringent.

But a BMA survey earlier this month showed more than half of senior house officers and registrars are still working above the 56-hour limit.

It found almost a quarter are working over 70 hours a week.

The BMA pointed to the Department of Health's own figures, which showed only a quarter of trusts in England completely abide by the New Deal.

The BMA said it is worried about some of the things trusts are doing in order to meet the deadline.

Its survey suggested many doctors do not believe their hours are being monitored accurately.