The dispute between junior doctor lobby group Justice for Health and UK health minister Jeremy Hunt centered on the latter’s decision to push ahead with implementing a controversial new contract for junior doctors. Junior doctors opposing the move had argued that the terms of the new contract posed unacceptable risks for both doctors and patients, and that Mr Hunt was overstepping the limits of his authority to push through the change. However, the High Court opted to dismiss the case brought by Justice for Health yesterday, meaning that the new contracts will likely be introduced next week.

Hunt only ‘encouraging’ implementation

The contracts in question were initially approved by representatives for junior doctors and NHS employers in early negotiations, but were later rejected in a referendum by members of the British Medical Association. The court ruled that Mr Hunt’s decision to proceed with implementing the new contracts falls within his powers as Secretary of State, as he is merely encouraging employers, not forcing them, to introduce the contract.

Victory for doctors?

Despite its defeat in the High Court, Justice for Health has claimed this element of the ruling as a victory for junior doctors, as they believe it makes clear that doctors and their employers are under no obligation implement the contracts immediately. ‘What is now allowed if [for] employers and employees at a national level to negotiate and agree terms which are genuinely in the interest of patients and staff,’ commented Amar Mashru, one of the five doctors who appeared in court for Justice for Health. ‘They are essentially free from the shackles of this irrational and hasty timeline set by the secretary of state.’

Sources: Legal Business; The Guardian; BBC