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Junior doctors lose High Court case Junior doctors lose High Court case
(about 1 hour later)
Health Secretary Jeremy Hunt has won a High Court fight with junior doctors in England over a new contract.Health Secretary Jeremy Hunt has won a High Court fight with junior doctors in England over a new contract.
The group Justice for Health mounted a legal challenge arguing the contract was "unsafe and unsustainable" and the government did not have the power to impose it. The group Justice for Health mounted a legal bid arguing the contract was "unsafe and unsustainable" and Mr Hunt did not have the power to impose it.
But the Department of Health had said the case was without merit. But Mr Justice Green ruled the health secretary had acted "squarely" within his lawful powers.
The ruling comes just a week before the new terms and conditions are due to start to be rolled out.The ruling comes just a week before the new terms and conditions are due to start to be rolled out.
The judge also considered whether Mr Hunt's actions lacked clarity and transparency and whether he acted irrationally in pursuing the new contract on the basis he believed it would help improve the quality of care at weekends.
On both counts, Mr Justice Green sided with the government.
He said Mr Hunt was entitled to believe changing staffing at weekends would have "some, material" impact.
The new contract changes the way doctors are reimbursed for weekend working.
Instead of Saturdays and Sundays being divided up between normal and unsocial hours, a system of supplements will be paid which depend on how many weekends a doctor works.
Ministers have insisted the contract is needed to improve levels of medical cover in hospitals at weekends so that the NHS can deliver seven-day services.Ministers have insisted the contract is needed to improve levels of medical cover in hospitals at weekends so that the NHS can deliver seven-day services.
The dispute has led to six separate strikes by junior doctors, including the first-ever all-out stoppages in the history of the NHS. The dispute has led to six separate strikes by junior doctors, including the first all-out stoppages in the history of the NHS.
Junior doctors had planned a run of five-day strikes in the four months leading up to Christmas, but recently called these off following concerns over patient safety. The British Medical Association had planned a run of five-day strikes in the four months leading up to Christmas, but recently called these off following concerns over patient safety.
In May, it looked as though a breakthrough had been reached in the dispute after both sides agreed to a new deal.In May, it looked as though a breakthrough had been reached in the dispute after both sides agreed to a new deal.
But the government announced in July that it would impose a new contract after junior doctors and medical students voted to reject the deal.But the government announced in July that it would impose a new contract after junior doctors and medical students voted to reject the deal.
The High Court considered three areas: Responding to the verdict, a Department of Health spokeswoman said: "We must now move on from this dispute to the crucial job of making sure patients get the same high standards of urgent and emergency care every day of the week, which involves more than the junior doctors' contract.
A Department of Health spokeswoman said: "We must now move on from this dispute to the crucial job of making sure patients get the same high standards of urgent and emergency care every day of the week, which involves more than the junior doctors' contract.
"We urge the BMA to remove all threat of further industrial action so we can work constructively with junior doctors to address their wider concerns and better recognise their vital importance to the NHS.""We urge the BMA to remove all threat of further industrial action so we can work constructively with junior doctors to address their wider concerns and better recognise their vital importance to the NHS."
Justice for Health was founded by five doctors and raised the money needed for the legal challenge through donations. The BMA had initially suggested it would also pursue legal action, but later dropped its case.