NHS HDL (2002) 33 abcdefghijklm

Transcription

1 NHS HDL (2002) 33 abcdefghijklm Health Department Human Resources Directorate Dear Colleague JUNIOR DOCTORS: NEW DEAL COMPLIANCE RE-BANDING OF DOCTOR IN TRAINING POSTS Summary 1. Junior Doctor Contract Implementation Guidance was issued on 13 October 2000 under cover of HDL(2000)17. This sets out the procedures for rebanding posts and details the stages which must be followed to secure the agreement of all parties concerned. Attached is a proforma which both summarises the action to be taken and ensures that necessary evidence is recorded in support of the change procedures. Action 2. Trusts and Boards should: - Note the background detail as set out in the attached Annex; and - implement the proformas attached with immediate effect. Yours sincerely MICHAEL PALMER Assistant Director of Human Resources (Policy) 26 th April 2002 Addresses For action Chief Executives, NHS Trusts and Boards General Manager, Common Services Agency General Manager, State Hospitals Board for Scotland General Manager, Health Education Board for Scotland Chief Executive, NHS Education in Scotland For information Scottish Partnership Forum Enquiries to: Kevin Hanlon Directorate of Human Resources GFR St Andrew s House EDINBURGH EH1 3DG Tel: Fax: abcde abc a

2 APPENDIX Issue 1. There has been some confusion and variable quality of process during the exercise to bring PRHO posts into compliance for 1 August As a result, the national issue of further joint guidance and documentation on rebanding procedures is felt necessary. Action 2. NHS Scotland Trusts must:: Ensure that in all instances where re-banding of posts is carried out, the process as laid out in the attached pro-forma document is followed in all cases. Background 3. The procedure for re-banding existing posts is laid out in HDL (2000) 17 and in national Terms and Conditions of Service. The UK Health Departments and the BMA agree that a mechanism which re-bands posts using in-post monitoring, rather than assessment of compliance on paper or using other theoretical means, is the proper way of proceeding in the vast majority of cases. Such re-banding is most effectively carried out mid-post in, for example, May or November, to allow rotas to bed in and to allow 'fine tuning' after monitoring. In line with previous guidance, monitoring must be concluded in all cases at least 6 weeks prior to the rotation end. 4. Both the Scottish Executive Health Department and the BMA Scottish Junior Doctors Committee accept, however, that there will be a few occasions, where significant changes to rotas or staffing levels make it impractical to fully implement changes to working practices before new staff take up post. In these instances it may be necessary to assess the likely banding of a rota in advance of its implementation, to allow an employer to offer posts to new employees on an expected band basis. 5. Such occasions will be rare. It cannot be taken for granted, for example, that full shifts will always be compliant as natural breaks may not be achieved or shifts may over-run. Similarly, the rest requirements of other types of rota pattern cannot be assumed and it will therefore not be appropriate to assume that particular working patterns can be offered at a predicted band. However where for example service reconfiguration or merger means that it is not possible to implement and monitor a full rota before its proposed date of introduction, a facility is needed to allow an employer to offer a post at an expected band. 6. This must be dependant upon the employer demonstrating to the satisfaction of the New Deal Implementation Support Group (ISG) that it was not possible to implement a full rota in advance, although the employer should, where possible, make arrangements to test in advance those parts of the new arrangements most likely to be non-compliant. It also places a responsibility on the employer to monitor and confirm the banding within a fixed timescale following the introduction of the new working arrangements.

3 7. The proforma attached covers the normal re-banding process, with the facility to allow for the provisional re-banding of a post in advance of practical monitoring. As with all instances of backdating pay under the banding system, repayment where a lower band that has been paid is subsequently found to be inappropriate must be paid from when salaries at the provisional lower band were first paid.

4 Approval Mechanism to Change Band Trust: Specialty: Grade(s): Hospital: Numbers of doctors (for each grade) Current Banding: Proposed Banding: Proposed start date for new band: Steps: (Source: PCS DD 2001/3) Evidence / Verification Confirmed Y/N 1. Consult postholders on changes proposed and obtain agreement of the majority participating on the rota. Template signed by majority of participants on the rota. 2. Obtain agreement from Postgraduate Dean (or tutor) for education purposes. (in the case of SpR rota changes, these must be approved through the Postgraduate Dean by the appropriate specialist training committee) 3. Submit details of the New Rota to the Regional Implementation Support Group (ISG) for information & invited comment Signed letter from Dean / Tutor confirming acceptance of change. Rota template signed by ISG to confirm theoretical compliance. 4. Monitoring of working pattern. Summary of monitoring form completed & appropriately signed. If exceptionally and because of the impracticality of full implementation of new working arrangements a Trust wishes to offer future posts at an expected banding in advance of actual monitoring, approval must be sought from the Implementation Support Group in advance of making any such offer. Any offer made in these circumstances will be strictly provisional, and must be confirmed by monitoring following the implementation of new working arrangements. Steps Evidence/Verification Confirmed Y/N 5. Submit request for provisional approval of working arrangements to the Implementation Support Group. Current Banding: ISG Signatory: a. Signed letter from Trust giving reasons for inability to fully monitor before rebanding. b. Evidence of full or partial testing/monitoring of proposed arrangements. Provisional New Banding: Implementation Date: Date: Stage Evidence/Verification Confirmed Y/N 6. Monitoring of working pattern and Completed monitoring returns from 75% of all confirmation of banding doctors in training on the rota and at 75% of all duty periods worked over a full 2 week period. Previous Banding: Verified New Banding: Effective Date: Trust Signatory (designation) Date Rota Signatory (Junior Doctor LNC representative) Date ISG Signatory (Designation) Date

5 Rota Information (From Template Rota) Trust: Hospital: Specialty: Grade(s): Numbers of doctors (for each grade) Working Pattern: Contracted hours: Duty Hours: Actual Hours: (Please confirm with ISG if unsure) Shift Length Information (please provide information on each type of shift worked) Name of shift Type of shift Start time Finish time Length of shift New Deal limits Prospective Cover Arrangements: (e.g. for all shifts or only out of hours, for all leave or only study leave, are locums used, etc)

6 Monitoring Infor mation Summary Monitoring Period (give dates): Number of monitoring returns: Average duty hours per doctor per week Percentage of monitoring returns: PCA if applicable Total hours New Deal limits Average actual hours per doctor per week PCA if applicable Total hours New Deal limits Rest Information (please provide information on each type of shift worked) Name of shift Average total rest per duty period Average continuous rest per duty period When does the continuous rest occur? Percentage of occasions when New Deal rest requirements are met New Deal limits Further Information Minimum time off between shifts Maximum continuous duty period Maximum number of continuous duty days Appropriate 48 hrs & 62 hrs off duty? Are all New Deal limits met? Results as per monitoring New Deal limits Natural breaks Please supply information on natural breaks: Breaks/Rest achieved at least 75% of occasions Signatures: (By signing this you agree with the monitoring summary above.) Trust Signature (Consultant with management responsibility of rota) Junior Doctor Representative Signature Name (please print) Date

7 NOTES 1. The proforma should be used both as a checklist to ensure that all the necessary stages of the re-banding process have been adhered to, and as a record of the process for payroll purposes. 2. Column headings are to be interpreted as : Steps: a step in the process which must be completed Evidence/Verification: documentation/data/input that must be available in order to facilitate a decision at the relevant Stage Confirmed: the formal confirmation that the Stage has been followed through to successful completion. 3. In the proforma, references to the ISG should be taken to refer to the New Deal Implementation Support Group or any successor body. 4. The order of the stages in the proforma does not follow the order stated in HDL (2000) 17; this is to follow a logical process. It would for example be appropriate in most cases for the ISG to discuss and agree revised arrangements with juniors and their employers in advance of seeking educational approval. 5. Where provisional banding is authorised monitoring should take place within six weeks of the implementation of new working arrangements, and all necessary action taken to ensure that the results of the monitoring are reflected in banding and salary.