> With regard to resident on call being counted in the working
> hours - what
> if you are resident o/c by virtue of not living within a 10
> minute radius
> of the hospital?
My understanding is that that counts as resident for your own convenience
rather than doing the work (the hospital is offering you accommodation.
However it could equally not offer you accommodation and use the bit in your
contract requiring you to be available to force you to rent a place nearer
the hospital) so its the same as on call from home. Current consultants
contract puts the onus on you to ensure that you are available within a
reasonable period of time while on call. If you have a non standard contract
that may be different.
However, it is never possible to predict what a tribunal or court would say.
But it might not be a good idea to fight this one as it could mean an end to
hospitals offering the option of free or subsidised overnight accommodation
for people living further away and enforcing the rules on availability.
Matt Dunn
Warwick
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