The Guardian
Doctors are challenging legality of decision by Jeremy Hunt to impose new terms and conditions on 45,000 medics
A doctor wearing a BMA campaign badge. Junior doctors believe the new contract will discriminate against female doctors. Photograph: Andrew Matthews/PA
Junior doctors have begun legal action against the government to try and stop it imposing its unpopular new contract on 45,000 medics working in the NHS.
The British Medical Association (BMA) has launched a judicial review which challenges the legality of the decision by the health secretary, Jeremy Hunt, to force the new terms and conditions on all junior doBMActors in England.
“In trying to push through these changes, prior to imposing a new contract the government failed to give proper consideration to the equalities impact this contract could have on junior doctors.
“So today the BMA has issued proceedings to launch a judicial review challenging the lawfulness of the health secretary’s decision to impose the new junior doctor contract,” said Dr Johann Malawana, the chair of the union’s junior doctors committee.
The BMA’s move came as the Department of Health published its own equality analysis of the contract. It said in a statement: “The contract is fair and justified and is good for both staff and patients. We consider that the new contract will advance equality of opportunity.”
It added: “Where the new contract may have any adverse effect on people with protected characteristics, such an effect does not result in discrimination as the new contract is a proportionate means of achieving a legitimate aim, or aims.”
Junior doctors have raised concerns that the contract will discriminate against female doctors who take time off to have children or those who work part-time.
The DH’s equality analysis admitted that “while there are features of the new contract that impact disproportionately on women, of which some we expect to be advantageous and others disadvantageous, we do not consider that this would amount to indirect discrimination as the impacts can be comfortably justified.”
The document said the contract means doctors below consultant level “will remain, objectively, very well paid”, especially as the deal – which Hunt decided to impose after two months of peace talks failed – includes a 13.5% rise in junior doctors’ basic pay.
Junior doctors are due to stage their fourth strike next week in protest at the contract, which will see Saturdays become part of their normal working week for the first time. The strike will run for 48 hours from 8am on Wednesday 6 April.
They are also due to stage two all-out strikes during normal working hours (8am to 5pm) on 26 and 27 April – the first time doctors have refused to provide even emergency cover in the NHS’s history.
