§ 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. 
§ 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 proceeding; 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.