What are the consequences for employers of failing to achieve compliance for junior doctors by August 2009?
Individual employers (Trusts, PCTs and practices) are responsible for ensuring that junior medical staff can work in compliance with WTD requirements from August 2009. The penalties for non-compliance are, as for other staff, possible Employment Tribunal proceedings by employees, orders for compliance (for example from the Health and Safety Executive in respect of night worker health assessments) and fines. The Department of Health may also be at risk of enforcement proceedings by the European Commission. It is possible in the case of junior doctor training posts that these may in future be de-recognised for training where they remain non-compliant.
