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In 2016 a new junior doctor contract was imposed on doctors in training posts in England. We are well aware that many of our members have experienced real problems associated with the incorrect interpretation of the new contract that employers have been making on some occasions. We have been able to intervene with employers in many cases where pay has been calculated incorrectly, or rotas have been found to be not compliant with the safety limits we fought hard for. A number of these issues require us to continue working hard at a national level in talks with NHS Employers to ensure doctors are not mistreated as a result of the contract being misinterpreted by employers.
This latest update to the contract clarifies some of the problems you have been raising with us over the last year, and removes the ambiguities that were causing a number of doctors to be disadvantaged.
However, there are areas of the contract where concerns remain, such as out-of-hours pay and less than full time training. We will be seeking to review the problematic elements of the 2016 contract through the 2018 review that was committed to during negotiations, and we are currently discussing with NHS Employers, supported by ACAS, how the review will be carried out and a collective bargaining process re-established.
In addition, next week Jeeves will be joining the other BMA chairs in submitting oral evidence to the DDRB on behalf of junior doctors. Many of you have been rightly disappointed in the government’s evidence submission to this process in a number of areas. We will be making clear that anything less than a real terms pay increase for our members will be unacceptable, and that if the government wants to rebuild the confidence of the profession they will need to do so with realistic terms and conditions that can begin to address the recruitment and retention issues faced by the medical profession. You can read the BMAs full evidence submission here.
We’ve summarised below the key updates in the contract that have just been published, if you have any questions about how this may affect you please contact the BMA. Correct pay for Acute Care Common Stem (ACCS) trainees
Some employers have been attempting to pay trainees in the third year of ACCS Anaesthetics at the CT2 nodal pay point. We have successfully challenged this misconception, establishing that the third year of training (often referred to informally as CT2b) should be classified and paid at the nodal point for the next level of responsibility (CT3) meaning these trainees will be paid a basic salary of £46,208 rather than £36,461.
Effective as of 3 January 2018, all references to CT2b have been removed from the ACCS curriculum, with the third year classified as CT3 for all specialty pathways within the programme.
Employers are required to ensure that this change is now reflected in work schedules and employment contracts, with basic salary being correctly brought in line with the CT3 nodal pay point.
Members should contact the BMA if any support is required in achieving this. Access to transitional pay protection arrangements for defence medical trainees and trainees moving from the devolved nations or crown dependencies
Previously, doctors moving to England and on to the 2016 contract from Scotland, Wales, Northern Ireland or the crown dependencies (such as the Isle of Man), or those moving to the 2016 contract from training in the armed forces, would not be eligible for transitional pay protection.
We have argued since the publication of the 2016 contract, that eligibility for transitional pay protection arrangements should be applied equitably to all doctors who were in training at the key 2/3 August 2016 changeover point who subsequently take up employment under the 2016 contract in England.
On 23 March 2018, this principle was firmly embedded within an updated version of the terms and conditions of service (TCS).
As a result, eligibility for transitional pay protection will apply to all trainees that commenced as an FY1 on 3 August 2016 or were in NHS employment on an approved post graduate training programme under the auspices of Health Education England, NHS Education for Scotland, Northern Ireland Medical and Dental Training Agency, Wales Deanery or Directorate of Healthcare Delivery and Training on 2 August 2016.
Eligible doctors who have not received this protection to date will need to have their pay backdated accordingly. Members should contact the BMA if any support is required in achieving this. Consistent pay protection arrangements for career grade doctors that had previously returned to training under the 2002 contract
Doctors who previously received a protected career grade salary under the 2002 contract and moved onto the 2016 contract with ‘Section Two’ transitional pay protection were finding that pay for their duties under the new contract were no longer continuing to be calculated as if they were being carried out under the terms of their previously held career grade contract.
We have ensured that the updated version of the TCS removes any ambiguity around existing pay protection arrangements that trainees received under the 2002 contract, by virtue of having returned to training from a career grade post.
Trainees who were in receipt of a protected career grade salary under the 2002 contract prior to transition, and who subsequently receive ‘Section Two’ transitional pay protection under the 2016 contract, will continue to have the same principles related to the calculation of their total pay applied throughout the transitional period.
We continue to meet regularly with NHS Employers to raise the problems our members identify with the new contract and are working hard to resolve these as soon as possible, so please keep sending us your feedback and we will act on it. You can contact us via an advisor, your local representative or on social media.
Read our pay protection FAQs
Jeeves Wijesuriya is chair of the junior doctors committee
Pete Campbell is deputy chair of the junior doctors committee
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