The Scottish Government has suspended all monitoring as of 17 December 2021 until at least the end of January 2022. The need for suspension will remain under review, but also may be extended. Although monitoring has been suspended, the need for doctors to get their breaks, get proper rest between shifts and work reasonable hours, all remain of paramount importance.
During COVID, there will have been significant disruption to your normal working patterns, to your working conditions and even to your teams, your own roles and the settings in which you work.
As always, if you have any individual concerns or queries you should contact the BMA. We would also suggest that you email your LNC junior doctor subcommittee for advice on any group or specific local issues.
You can read the full joint statement from BMA Scotland and Scottish Government (from November 2020).
This further joint statement (previous statement agreed in May 2020) reflects agreements reached on issues as more routine services resume and in the event of further pandemic surges.
Ensuring your health and wellbeing
All current new deal contractual provisions and working time regulations remain in force to ensure your safety.
The working time regulations set a maximum 48 hour week which for junior doctors is averaged over a 26 week reference period. This means that some weeks you can work more than 48 hours, so long as the average remains no more than 48 hours.
You can sign an opt out, enabling you to workup to an average of 56 hours but you are under no obligation to do so, and you can rescind an opt-out at any time.
The working time regulations also require that you have:
- an uninterrupted 20 minute break after every six hours worked
- a minimum 11 hours continuous rest between each shift/every 24 hours
- either 24 hours continuous rest in seven days or 48 hours continuous rest in 14 days.
There is no opt-out from these restrictions.
There are some important additional non-contractual
rota requirements that we have agreed with the Scottish Government and NHS Scotland employers over the last few years. This includes maximum seven days/shift working, 46 hours rest post nights, no rota to contain seven nights in a row and adequate notice of fixed annual leave.
These important requirements continue to apply.
- Scottish Government - definition of full shift night working with a minimum rest period of 46 hours for all junior doctor full shift rotas
In the development, planning and review of alternative rotas to deal with COVID, care should be taken to avoid unnecessarily fatiguing shift patterns.
We have agreed with Scottish Government and NHS Scotland employers that best practice in rota design to reduce fatigue include:
- using forward rotating shift patterns (day, late, night)
- avoiding more consecutive shifts than necessary
- seven shifts in a row as the absolute maximum
- minimum 46 hours rest following full shift night working
- ideally, limiting the number of long shifts (10 hours or longer) in a week
- no rota to contain more than four nights in a row.
Less than full-time trainees
When a new temporary rota is introduced, those of you who are working LTFT (less than full time) must have your LTFT status protected, unless you agree otherwise.
You may voluntarily agree to increase your usual LTFT percentage temporarily, or pick up additional shifts on an ad-hoc basis.
Consideration will need to be given to trainees in category 1 and category 2 LTFT status as to how your hours can be distributed depending on personal circumstances.
If you are able to offer additional hours by increasing your proportion of full-time equivalent, this should be reflected in a new rota with revised pay.
Where you provide additional hours on an ad-hoc basis, then this will normally be through the staff bank.
Our firm position is that, any offer to work additional hours to aid in the pandemic must not prejudice any application you make to work LTFT in the future.
Under normal circumstances, rota monitoring would ensure that your rota is compliant with the various rules on shift length, rest periods breaks etc, and that you are being paid appropriately.
Routine new deal monitoring processes were reinstated from August 2020.
Any monitoring issues will be discussed between MSG (management steering group – including Scottish Government and NHS Scotland employers) and BMA Scottish junior doctors committee (if national) and NHS board management and local LNC junior doctor subcommittees (if local).
Your temporary rota redesign may or may not result in a change to your rota banding and an increase in pay.
If you are given a lower banding
You should not suffer any financial detriment as a result of changes made to your pre-Covid working pattern or by agreeing to be placed on a new emergency rota.
If the emergency rota is banded lower than your pre-Covid rota, you will continue to receive the overall salary applicable to the usual pre-Covid banding for the duration of the temporary rota.
NHS Scotland boards cannot re-band a rota downwards without following the formal process set out in the terms and conditions.
On-call and standby
Some of you who currently work non-resident on-call rotas may temporarily convert to a full shift pattern, depending on local needs.
Others may be asked to remain at home on standby in order to minimise staff exposure but provide availability to cover absence. This means that you may have to be available to attend your place of work at short notice.
Such hours on standby should be reflected accurately in any working pattern when calculating the banding supplement for the new rota (see below). It is the BMA position that standby hours should be counted as duty hours.
We advise you to check that your employer has run any redesigned rota through a tool called DRS. This will highlight any breaches of the hours and rest rules, and will calculate the appropriate banding supplement.
Working additional hours
Scottish Government confirmed that all NHS staff should be paid at the appropriate rate for any hours worked during the emergency.
We would advise that if you are working more than your rota states, then you should make sure you claim for any additional hours through local arrangements. These will generally be through the NHS staff bank at staff bank rates.
You can do additional shifts via the staff bank, and be paid at the NHS staff bank rate, in addition to your rota. You should only agree to work additional hours that allow you to obtain enough rest and be compliant with the working time regulations.
Changes to your rota
Where you are asked to alter your rota duties at short notice, the situation can be quite complicated
and it can be difficult to calculate what you should claim.
For example, if you were scheduled on your rota to work a standard Monday to Friday 9-5 but are asked to instead work four x 12.5 hour night shifts, what should you claim for?
To ensure you are paid correctly, you should claim both the difference between the out of hours bank rate (outside Mon-Fri 9-5) and the in hours bank rate (Mon-Fri 9-5) for the 40 hours you are already being paid for, plus the additional 10 hours at the out of hours bank rate.
Given the potential for confusion, you should agree in advance the applicable rates for any additional work beyond your regular working pattern.