Dr Thornley said: "We are not reassured by government reports that the NHS is 97% compliant with the new working time regulation
as we fear many junior doctors are being pressured to lie about hours.
Under the Working Time Regulation
Act 1998, all employees who work at least three hours at night should be assessed for their suitability to work at these times.
Unfortunately, if you are entitled to spend the time on-call at home, this will not count as working time for the purpose of calculating your hours under the Working Time Regulation
or in terms of the national minimum wage.
The Working Time Regulation
stipulates a worker must have at least a 20 minute break away from work in a six-hour period.
The UK's rules on working time, rest breaks, rest periods and holidays are found in the Working Time Regulations
1998 (WTR) which implement the Working Time Directive (WTD) that operates at a European level.
TheAdvisory, Conciliation and Arbitration Service (Acas)says the Working Time Regulations
provide rights to:
Lawyers for the officers insist they are entitled to payments from 1998, when the Working Time Regulations
were introduced in the UK.
Under the Working Time Regulations
1998, most workers have a statutory right to paid holidays.
"Employers are not required to give 'smoking breaks' on top of the usual breaks required under the Working Time Regulations
1998," explains Michael Hibbs at law firm Shakespeare Martineau.
Michael Hibbs, chairman of the employment law committee at Birmingham Law Society said: "Employers are not required to give 'smoking breaks' on top of the usual breaks required under the Working Time Regulations