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Implementation of the New Junior Doctors Contract 2016

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Implementation

Q1.   I am a Specialty Trainee in run through training. My contract isn't due to change or expire until completion of my Specialty Training; can I choose to stay on my existing contract until they expire?

A1.   Yes.

As you are employed under a Lead Employer arrangement with a single employment contract for the entirety of your training, in the absence of any collective agreement  having been reached , you have the right to stay on your current contract on the 2002 terms and conditions until it expires.

Q2.  I am in Core training/ACCS will I stay on my existing contract?

A2.  Yes.

As above.  As you are employed under a Lead Employer arrangement with a single employment contract for the entirety of your training, in the absence of any collective agreement having been reached, you have the right to stay on your current contract on the 2002 terms and conditions until it expires. 

Q3.   I am currently in Core Training but have accepted Specialty Training employment with you due to start in August 2016, what will happen to me?

A3.   You will initially be employed on the 2002 terms and conditions but will transfer on to the new 2016 terms in line with the published timetable for the phased implementation. The exact date will depend upon the implementation date for your chosen Specialty (see table).

Date

Grade / Specialty

October 2016

Transition to the new terms and conditions of service for:

  • Obstetrics ST3 and above

February 2017


Transition to the new terms and conditions of service for:

  • Psychiatry
  • Pathology (lab based)
  • Paediatrics
  • Surgical
  • Any GP trainees (ST1) who share a rota with any of the above


August – October 2017


Transition to the new terms and conditions of service for:

  • All remaining trainees taking up next appointment (medical specialties and Dentistry)
  • All new starters

Q4.  Will I be given a choice to accept a new contract on the 2016 terms and conditions if they are more favourable to me?

A4.   No.  As this will introduce a cost pressure to the NHS there are no plans currently to offer the new contract on this basis.

Working Hours

Q1.  What are the new rules in respect to hours of work/ working patterns?

A1.  The 2016 contract is safer for doctors and dentists in training and for patients. In addition to the protections offered by the Working Time Regulations (WTR), the contract provides the following safeguards on working hours and patterns which will be reflected in rotas and work schedules:

  • Maximum average 48 hour working week (reduced from 56) with doctors who opt out of the WTR capped at maximum average of 56 working hours per week.
  • Maximum 72 hours’ work in any seven day period (reduced from 91).
  • Maximum shift length of 13 hours (reduced from 14 hours).
  • Maximum of five consecutive long (>10 hours) shifts (reduced from seven) with minimum 48 hours rest after a run of five consecutive long shifts (up from 11 hours rest).
  • Maximum of four consecutive night shifts (reduced from seven) with minimum 46 hours rest after a run of either three or four consecutive night shifts (up from 11 hours rest).
  • Maximum of four consecutive long, late evening shifts (>10 hours finishing after 11pm) with minimum 48 hours rest after four consecutive long, late evening shifts (up from 11 hours rest).
  • No doctor should be rostered to work more frequently than one weekend in two (a slightly different definition of weekends applies to F2 doctors for one rotation only).
  • Maximum eight consecutive shifts with 48 hours’ rest after eight consecutive shifts (reduced from 12 consecutive shifts), apart from low-intensity non-resident on-call rotas, for which a 12-day maximum applies.
  • No more than three rostered on-calls in seven days except by agreement, with guaranteed rest arrangements where overnight rest is disturbed.
  • Maximum 24-hour period for on call which cannot be worked consecutively except at weekends or by agreement that it is safe to do so.
  • Work rostered following on-call cannot exceed 10 hours, or 5 hours if rest provisions are expected to be breached.
  • One 30 minute paid break for a shift rostered to last more than 5 hours  with a second 30 minute paid break  if the shift is rostered  to last more than 9 hours.

Q2.   As I will be staying on my existing contract of employment will my hours/pattern of work change?

A2.   Even though you may remain on your existing contract with 2002 terms and conditions, from 3rd August 2016 onward Host Trusts will need to adapt rotas to make working patterns compliant with the 2016 terms in line with the phased implementation timetable.

Q3.   How will my employer safeguard that I am working in line with my rota/work schedule?

A3.   If you remain on your existing contract on the 2002 terms and conditions your Host Trust shall still be required to undertake hours and pay banding monitoring as they do currently.

In addition, each Host Trust shall be required to employ a Guardian of Safe Working. If you will be transitioning on to the 2016 contract then the Guardian role and exception reporting system shall apply.  This system may also be extended to Trainees who remain on the 2002 contract, but this is yet to be confirmed.

Pay

Q1.  How will my pay be calculated?

A1.   If there is no break point in your contract and you remain on the 2002 terms and conditions for the remainder of your training (see implementation section above) you shall remain on your existing pay scale and continue to receive incremental progression and pay banding.

Q2.  If I transition what will my basic pay be?

A2.   You will be paid a basic salary at a nodal point linked to your level of responsibility (rather than time served).  There are four points on the nodal payscale (FY1, FY2, St1-2/CT1-2, CT3/ST3-8).  The values of these nodal pay points are set out in pay and conditions circular (M&D) 2/2016.

Q3.  How many hours a week will my basic salary be calculated on?

A3.  The basic salary if employed full time will be calculated on an average of 40 hours’ work per week. This will be pro-rata for less than full time Trainees.

Q4.  What if I am rostered to work additional hours?

A4.   Additional hours of work shall be paid at the basic rate of pay with 1/40th of weekly whole time equivalent for each hour worked rounded up to the nearest quarter of an hour.

Q5.  What will I be paid for weekends?

A5.   If you are rostered to work a shift beginning on a Saturday or Sunday at a minimum frequency of 1 in 8 across the length of the rota cycle you will be paid an allowance.  These will be paid as a percentage of full time basic pay in accordance with the table below:

Frequency

Percentage

1 weekend in 2

10%

Less frequently than 1 weekend in 2 and greater than or equal to 1 weekend in 4

7.5%

Less frequently than 1 weekend in 4 and greater than or equal to 1 weekend in 5

6%

Less frequently than 1 weekend in 5 and greater than or equal to 1 weekend in 7

4%

Less frequently than 1 weekend in 7 and greater than or equal to 1 weekend in 8

3%

Less frequently than 1 weekend in 8

No allowance 

Q6.  What will I be paid for evenings and nights?

A6.   You will be paid an enhancement of 37% of your hourly basic rate on any hours worked between 9pm and 7am on any day of the week.

Q7.  What am I paid for being on-call?

A7.   If you are on an on-call rota and required to be available to return to work or give advice by telephone, but otherwise are not normally expected to be working on site for the whole period, you will receive an on-call availability supplement.  The value of this allowance is set out in pay and conditions circular (M&D) 2/2016.

Q8.  What about payment for work undertaken whilst on-call?

A8.   You will be paid for your average hours of work. The hours will be calculated prospectively across the rota cycle and will be set out in your work schedule. For pay purposes, these total hours will be converted in to equal weekly amounts

Q9.   What are the flexible pay premia and what is their value?

A9.   The 2016 contract offers new flexible pay premia for those training in GP practice placements and recognised hard-to-fill training programmes where there is the greatest need – currently this includes emergency medicine (ST4+), psychiatry (all grades) and to those who train in oral and maxilla-facial surgery (OMFS).

Premia will also be payable to doctors who return to clinical training after successfully undertaking a pre-agreed period of approved academic research, and, in some circumstances, to those who take time out of training to undertake other recognised activities that may be of benefit to the wider NHS. 

The full criteria for flexible pay premia are set out in the terms and conditions in Schedule 2 paragraphs 18-44, with the values of those premia set out in pay and conditions circular  (M&D) 2/2016.

In future years, evidence will be provided to the Doctors and Dentists Review Body (by Health Education England and other stakeholders) about hard-to-fill training programmes and other uses for flexible pay premia, to allow them to review the use of the payments and make recommendations on their application and value.

Q10. I am currently training in one of the named hard to fill Specialties; will I receive the flexible pay premia?

  A10. No. Only those trainees who transition on to the 2016 contract terms and conditions will be eligible.

Q11. Whilst in my current Core Training post I am in receipt of pay protection from a former career grade post I held. Will I continue to receive this pay protection when I take up Specialty Training with you in August 2016?

A11.  As you will initially commence employment in the ST level post on the 2002 terms and conditions; you will initially continue to receive this pay protection.  Upon transition to the 2016 contract, in line with the phased implementation timetable, this will discontinue unless you will be entering training in one of the published hard to fill Specialties (detailed above).

Pay Protection

Q1.   I am a Core Trainee who has accepted an ST Training post with you. Once I transition on to the 2016 contract what are the pay protection arrangements?

A1.   The 2016 contract provides an initial period of pay protection for doctors who are in training programmes on 2 August 2016 who progress directly to their next programme on or after 3 August 2016. These Trainees shall be eligible to section 1 pay protection provision.

Pay protection for section one Trainees will be through calculation of a cash floor. Should earnings under the 2016 contract be lower than this cash floor amount, an additional payment will be made to make up the difference. The cash floor is calculated as:

  • the value of incremental point on the day immediately prior to moving to the 2016 TCS, plus
  • the value of the GP supplement or banding supplement payable on 31 October 2015 (subject to a maximum of 1A or if you had opted out of WTR, 2A) for the post you were in on the day immediately prior to moving to the 2016 TCS.

Q2. For how long do I receive this cash floor salary protection?

A2. You shall receive the salary protection until you either exit training or until 4 years’ continuous employment from transition on to the 2016 terms have elapsed or until 3rd August 2022, whichever is the sooner.  The four years’ service may be extended by up to 2 more years in instances where the trainee has statutory leave (e.g. maternity, adoption leave)

Less than full time trainees have the 4 year period extended in direct proportion to the proportion of full time that they are employed.

Q3. What if my hours change during transition?

A3. Those who work less than full time at the point of transition have the cash floor calculated on a pro-rata basis.  Where their hours subsequently increase or decrease, their cash floor is increased or decreased on a corresponding basis.

Q4. What if I am on maternity leave or absent for some other reason at the point I transition on to the 2016 terms?

A4. Doctors who were absent from training at the point of their transition on maternity leave, paternity leave, adoption leave, shared parental leave, sick leave or on an approved out of programme (OOP) shall have their protected level of pay calculated as the incremental pay point they otherwise would have reached had they not been absent and the banding supplement for the rota they would have been working

Q5. I am changing Specialty; will the salary in my former training programme be protected?

A5.  Your former salary is only protected if: you are switching directly from one training programme in to another; you held the former post for at least 6 months; and the Specialty you will be joining is one of the agreed hard to fill training programmes.

General

Q1.  What are the restrictions on locum working and will they apply to me?

A1.  Trainees shall continue to be able to undertake paid locum work as currently up to the maximum total working hours described in the Working Time Regulations or New Deal (if individually opted out of WTR 48 hour limit).  These additional hours should be offered to the NHS, being worked through a NHS staff bank and shall be subject to the agreed national locum rates.

Q2. What will my annual leave entitlement be?

A2. Unlike the 2002 terms and conditions where your annual leave entitlement was determined by the increment you had attained on your pay scale, under the 2016 terms entitlements are based on time served.  On first appointment to the NHS, this is 27 days plus public holidays.  This rises to 32 days after five years’ completed NHS service.

Useful documents

Terms and Conditions of Service 2016

Pay Circular

NHS Employer FAQs

 

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2016

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2014

Lead Employer Info Brief - Issue 8 - November 2014

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2013

Lead Employer Info Brief - Issue 4 - November 2013

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Lead Employer Info Brief -  Issue 1 - February 2013