Written question asked by Archie Norman (Conservative) on Tuesday, 31 August 2004, in the House of Commons. It was due for an answer on Tuesday, 14 September 2004. It was answered by Lord Hutton of Furness (Labour) on Tuesday, 14 September 2004 on behalf of the Department of Health.

Dept of Health

Question: To ask the Secretary of State for Health, what action can be taken in the domestic courts against NHS Trusts that fail to comply with the Working Time Directive.

Answer: Mr. Norman: To ask the Secretary of State for Health what action can be taken in the domestic courts against NHS Trusts that fail to comply with the Working Time Directive. [187407] Mr. Hutton: Individuals may take a case to an employment tribunal where the employer has failed to let them exercise their entitlement to daily and weekly rest, including compensatory rest. Complaints can also be raised with the Health and Safety Executive (HSE) in relation to individuals having to work in excess of the maximum working week. As a result of investigating the trust, the Health and Safety Executive is likely to serve improvement notices where claims are upheld. Further action beyond this, including possible criminal proceedings in the lower or magistrate's court, depends on actions taken by the employer in response to the notice served. In addition, individuals may take a case to a county court in instances where there has been a breach of contract, for example, where they have been made to work over the averaged hours limit or where an employer has failed in his/her duty of care.

Secondary information