Resident doctors in Wales, a new contract is coming

Last December, resident doctors in Wales voted overwhelmingly for a brand-new contract. The full TCS (Terms and Conditions of Service) has now been published. 

We are working to collate responses to residents’ questions as part of the contract implementation. If we’ve missed anything or there’s anything else you need to know,  please submit your question to [email protected]

If you need any specific employment advice, please use our BMA advice form. 

Transition

What is the transition timetable and is it set in stone? What if I want to transfer early? 

From August 2026, all new appointments will start on the 2026 contract. Foundation doctors and specialties on unbanded rotas will also transfer at this time. Additionally, it’s acknowledged that there may be certain instances in other specialties where, provided all residents and the employer agree, their transfer can be prioritised from August 2026. In these instances, residents should put in a request to their workforce department. 

All other residents will begin to transfer from August 2027, with completion scheduled for August 2028. LEDs (locally employed doctors) should be transferred to the new contract alongside their equivalent training groups. However, employers/hosts may prioritise residents in formal training programmes over locally employed doctors on a temporary basis where justified. The full transition timetable is set out in the TCS.

If/when I transfer after August 2026, do I get backdated pay to August?

We were clear in consultation and the referendum that investment in the new contract is different to a pay award. Whilst pay awards arising from Welsh Government pay circulars are typically backdated, if your pay increases following transfer to the new contract, you will only get the higher pay going forward. 

How does transitional pay protection work?

Transitional pay protection applies to anyone transferring to the new contract having worked in Wales on the 2002 contract (or on terms mirroring the 2002 contract as an LED) at any point in the two years prior to their transition. It also applies in some limited instances to residents transferring from training programmes in Northern Ireland, Scotland or England. Further detail on this can be found in the Transitional Arrangements schedule of the new resident doctor contract. It will also apply to residents who held a training post in Wales but have taken time out of training to complete a relevant academic qualification.

The transitional pay protection applies to those above who either: 
(a) move through another post or series of posts on such training programmes under their respective terms and conditions on or after 1 August 2026; or
(b) move directly from such an appointment to an appointment to a post on such a training programme, on or after 1 August 2026.

Where transitional pay protection applies, a resident transferring to the new contract will have a cash floor set at their level of pay the day before transferring. This includes the value of the resident’s salary, including banding (or pay protection from re-banding) on the 2002 TCS or 2016 English TCS the day prior to transfer. If there is a gap since their last employment, then their most recent rota in a training programme in Wales or in a role with terms that mirror the 2002 TCS in Wales will be used to calculate their pay protection (using the pay scale values contained in the most recent pay circular for the 2002 TCS).

Once set, the protected level of pay will be used as a baseline or consistent cash floor each year until the resident exits training. Where their new contract pay is lower than the protected level of pay, the resident will receive actual total new contract play plus an additional amount in pay protection to ensure the cash floor level is achieved. This means that it is possible that the protected pay may be higher than the new contract pay in some training placements, but not in others. The full breakdown of Transitional Pay Protection is contained in paragraphs 445-446 of the 2026 TCS.

Leave

How do you get the extra five days leave allowance on the new contract?

The new contract sets out that full-time residents will be entitled to 28 days of annual leave on first appointment to the NHS. After five years of completed NHS service, this entitlement rises to 33 days. This is applied on a pro-rata basis for flexible (part-time) residents, as leave entitlement for this group is set on a pro-rata basis based on average total hours per week across the rota cycle.

The five-year service requirement can be fulfilled through equivalent experience gained in local employment (i.e. LEDs) or from work abroad. For example, if a resident doctor has overseas or LED experience and is placed on point three of the registrar pay scale on starting, they would be entitled to 33 days of leave as they have been credited with five years of equivalent NHS service.

If I am due to transfer to the new contract, but am set to go on maternity leave, will my maternity pay be recalculated as would be the case for a pay award? 

Yes. We have secured an agreement to ensure that, where transitioning to the 2026 contract results in higher pay for the resident, this must be construed in the same way as a pay award or moving to a higher pay point for the purposes of the recalculation of maternity pay. This means that maternity pay should be recalculated to take into account implementation of the higher pay value from the point of transition. This recalculation will be conducted in line with Section 15.23 of the Agenda for Change Handbook.

Rotas

In anticipation of contract implementation, employers intend for all resident doctor rotas to be compliant with the new contract from August 2026. To support this ambition, a rota change process has been agreed with employers to provide assurances that any significant revisions to a rota will require meaningful consultation with the doctors affected. 

You can download the Agreed Rota-Change Process and Transitional Requirements for Implementation of the New Resident Doctor Contract which outlines the full process.

Will my pay be protected if my rota changes?

Whilst many rotas will already be compliant, there will be instances where residents who remain on the 2002 TCS have their rota re-banded down. In these cases, pay will be protected and residents will remain on their current banding until you exit that rota or transfer on to the new contract (at which point you may be eligible for cash floor pay protection).

Are there enough doctors to cover these new rotas?

Throughout the contract negotiation and implementation process it’s been clear that, due to the enhanced protections on working hours introduced by the new contract, certain rotas will require additional recruitment.

The most effective way to resolve this is through the recruitment of locally employed doctors by employers and for the Welsh Government to expand training posts. Voluntary overtime and locums are temporary solutions, and the new contract contains provision for some limited rostering beyond the default limits if the resident agrees. However, these are not acceptable long-term solutions.

A feature of the contract agreement is a commitment from employers and Welsh Government to work with us on training bottlenecks, and we have regular meetings scheduled to address this issue. On a local level, your LNCs (local negotiation committees) and resident doctor LNC reps are proactively engaging with local health boards and trusts to ensure recruitment is prioritised. If you experience issues or concerns about your rota, you can either complete our webform; contact your LNC; or email us directly on: [email protected]

At the present time, WRDC is in dispute with the Welsh Government in part due to a lack of specialty training posts. Read more about the dispute. 

Overtime

What is happening with overtime, exception reporting and rota monitoring for people staying on the 2002 contract?

The 2026 contract introduces new overtime and exception reporting mechanisms, available to those working on 2026 terms and conditions of service. For those remaining on the 2002 contract, WRDC has agreed to suspend routine rota monitoring until August 2026. Residents can still request rota monitoring if they wish.

From August 2026, residents on the 2002 contract will get access to a simple overtime and exception reporting system as an alternative to rota monitoring to claim pay or TOIL (time off in lieu) for additional hours worked. 

Flexible (part-time) residents (formerly less than full time residents)

How will flexible (part-time) resident pay work?

Residents training flexibly cannot exceed an average of 40 hours per week over the length of their rota cycle. As such, their basic pay will be calculated pro rata on the average hours’ work per week across the rota cycle. For example, a 50% flexible (part-time) resident on a rota where a full-time resident is required to work an average of 48 hours per week (40 hours basic and eight hours additional) will have their basic salary calculated on an average of 24 hours per week.

As with full-time residents, residents training flexibly will also be paid the appropriate enhanced rate for working outside of core hours, as well as on-call availability allowance and payment for any work undertaken. 

How will annual leave be calculated for flexible (part-time) residents?

As with pay, annual leave for flexible (part-time) residents will be calculated pro rata on the average hours work per week across the rota cycle (rather than their nominal training percentage). For example, a 50% flexible (part-time) resident on a rota where a full-time resident is required to work an average of 48 hours per week (40 hours basic and eight hours additional) will have their annual leave calculation based on an average of 24 hours’ per week.

What is happening with the flexible (part-time) weekend frequency limits?

During the consultation period, an agreement in principle was reached with employers to include a one in seven weekend frequency limit for those training flexibly (part-time). As the full terms and conditions of service were developed, a nuanced and pragmatic approach to this was adopted to reflect member and employer feedback.

As a result, flexible (part-time) residents’ weekend frequency will be based pro-rata upon their average hours’ work per week across the rota cycle. The lower your total hours, the less intensive your weekend frequency. For example, residents working between 20 - <24 average hours per week across the rota cycle can expect a typical weekend frequency limit of one in seven, and an absolute limit of one in four. Whereas residents working between 32-<36 average hours per week across the rota cycle can expect a typical weekend frequency limit of one in five, and an absolute limit of one in three. 

The specific weekend frequency limits for different ranges of flexible (part-time) working hours are set out in the full terms and conditions, along with the conditions that must be met to enable any work to take place at a higher frequency than the corresponding typical limit. Please refer to paragraph 84 and Table 1 of the TCS for full details.

*NB Paragraphs 85-88 of the TCS do provide exceptions to working above the typical weekend frequency and absolute limits. However, where working above the absolute limit (albeit up to a maximum in 1 in 2) is requested, there are safeguards in place to ensure that rotas are co-produced and approved by the affected residents.

Residents in general practice

How will fines, penalties and overtime payments work for practice-based GP registrars?

As with all residents on the 2026 contract, GP registrars will gain access to overtime and exception reporting systems and responsibility for managing these will be with NHS Wales Shared Services Partnership.  Where additional work is undertaken by a resident to meet their GP training requirements during a GP practice placement, this must be recorded using the appropriate documentation, and signed by a supervising GP or approved trainer.

GP registrars will be covered by a Guardian of Safe and Flexible Working, who will convene a resident doctor forum for GP registrars. Whilst on placement within General Practice, the Guardian will be the Lead Guardian, based within Single Lead Employment. Unless the Guardian becomes concerned with a particular issue, for example, levels of overtime being reported, we don’t anticipate a significant level of practice involvement in these processes. 

Non-resident on-call (NROC)

How do the overnight rest requirements operate for NROC?

A NROC duty period is when you are off site but remain available to return to work or provide telephone advice, but are not normally expected to be working on site for the whole period. A resident carrying an “on-call” bleep whilst already present at their place of work as part of their job planned duties does not meet the on-call definition. On the new contract, a resident should expect to get eight hours rest per 24-hour period, of which at least five should be continuous rest between 22:00 and 07:00. If it is expected in advance of the duty that these requirements may be breached (e.g. if the service is very busy, there are staff shortages or health board data demonstrates this is likely to occur etc), then the shift the next day should be rostered at no more than five hours.

If a resident’s rest has been significantly disrupted such that the rest requirements are breached, arrangements must be made for the resident to take appropriate rest as TOIL within 24 hours. If this isn’t achieved and you are required to work further shifts without having received immediate TOIL, then you can exception report and this will result in a fine, including a payment to the resident for the additional hours at the relevant rate and a payment at the penalty rate arising from a potential breach of the rest requirements in accordance with paragraph 219 of the TCS.

However, please note that if as a result of the actual hours during the on-call period your rest has been significantly disrupted such that the rest requirements are not met, the default assumption is that the resident may be unsafe to undertake work because of tiredness, and if this is the case, the resident (if they feel unsafe to work) must inform the employer/host that they will not be attending work as rostered, other than to ensure a safe handover of patients. Importantly, no detriment to pay will result from the resident making such a declaration, nor should they be asked to work back the time. Arrangements for dealing with this issue will be agreed locally, and an all-Wales rostering policy is in development.

Locally employed doctors (LEDs)

How does the contract agreement impact LEDs?

From August 2026, all new appointments to locally employed posts will be offered a model contract and statement of main particulars for locally employed doctors in Wales which has been negotiated and agreed by BMA Cymru Wales. Your terms will be the same for residents on approved postgraduate training programmes under Health Education and Improvement Wales, except that any provisions of the TCS which apply exclusively to those in a training programme will not apply. Existing LEDs will transfer to this contract alongside their equivalent training groups. This is to help end contractual variation and deliver the benefits of the new contract to all residents, regardless of whether they are in a training post.

Please note however that employers/hosts may prioritise transitioning residents in formal training programmes over locally employed doctors on a temporary basis where justified. The full transition timetable is set out in the TCS.

As part of the contract agreement, we have a commitment from employers to work on addressing training bottlenecks. Our aim for this work is to promote the creation of new LED posts, and to set out a pathway for eligible LEDs to become permanent specialty doctors. 

Employer fines and penalties for breaches

These conditions apply subject to the interim agreements to support implementation. 

When are fines levied on employers for not providing information on time?

Fines will be levied against employers in some instances where important information isn’t provided to a resident within an agreed timeframe. This includes a failure to provide a job plan or duty roster within the contractual time limit or failing to provide access to the roster system or exception reporting system.

Where a concern is raised through submission of an exception report that a job plan or duty roster has not been provided within the contractual time limit or that access has not been provided to the roster system or exception reporting system within the contractual time limit, the Guardian of safe and flexible working will levy a fine of £500 per resident, per week until the issue has been resolved. These fines will be held in a central fund to be disbursed by the Guardian. 

Contractual time limits are those set out in the Code of Practice for the Provision of Information for Postgraduate Medical/Dental Training.

What about fines and penalties for breaching safe working limits?

The Guardian will review exception reports submitted by residents and identify whether a breach of the safe working limits has occurred. Where this is the case, the resident will be paid for the additional hours worked at the penalty rate of two times the relevant hourly rate. This applies to the following breaches:

• a breach of the 48-hour average working week (across the reference period agreed for that placement in the job plan); or 
• a breach of the maximum 13-hour shift length; or 
• a breach of maximum of 72 hours worked across any consecutive 168-hour period
• where 11 hours rest in a 24-hour period has not been achieved (excluding on-call shifts); or
• where five hours of continuous rest between 22:00 and 07:00 during a non-resident on-call shift has not been achieved; or 
• where eight hours of total rest per 24-hour non-resident on-call shift has not been achieved; or
• where daily rest breaks have not been achieved on at least 25% of occasions across a four-week reference period (excluding periods of leave).

In addition to the penalty rates paid to residents, the Guardian will also levy a fine on the department employing the resident for those additional hours worked at a penalty rate of two times the relevant hourly rate. Where such a breach that incurs a financial penalty can be demonstrated to affect a group of residents, the Guardian will consider the number of residents affected and will determine a proportionate level of penalty.

In instances where significant and regular exception reports are being reported in a department, the Guardian shall have the discretion to issue a fine at stipulated penalty rates if, following investigation and intervention, there is no improvement in the department. 

How will the money raised through fines be used?  

Where penalty rates are due because a resident has been made to breach safe working limits, these rates are paid directly to the resident. 

Fines levied on employers in addition to the penalty rate paid to residents, or imposed because of information being provided outside of the contractual timeframes, will be ringfenced for uses that benefit the education, training and working environment of residents.

The Guardian will allocate funds using an agreed methodology, set out in guidance to follow. Funds should not be used to supplement the facilities, study leave, IT provision and other resources that are defined by HEIW as fundamental requirements for residents in training and which should be provided by the employer/host organisation as standard. Further, they must not be used to ensure that the host employer meets the minimum standards sets out in the Fatigue and Facilities charters and/or those in the Terms and Conditions. Examples of where the funds could be spent include but are not limited to courses, events, wellbeing initiatives, additional facilities beyond the minimum set out in the Fatigue and Facilities charter.

Interim agreements to support implementation

Why were rotas provided late when the contract says they should be given six weeks in advance?

Since the contract agreement was approved in a referendum of BMA Cymru Wales residents in December 2025, WRDC and its terms and conditions subcommittee have been working in partnership with NHS Wales Employers to translate the Framework Agreement into the full TCS. This was an exceptionally complex and far-reaching programme of work. 

As part of this process, and to ensure that WRDC could secure important provisions in the full TCS that will benefit residents for years to come, an agreement was reached to suspend fines for missing some administrative deadlines ahead of the initial August 2026 implementation only. This covers the fines associated with the requirement to provide the generic job plan eight weeks prior to commencement of placement and the duty roster six weeks prior to commencement of placement, set out in the Code of Practice for the Provision of Information for Postgraduate Medical/Dental Training. As a result, the Guardian will not levy the fines set out in Schedule 05 relating to the late provision of generic job plans and duty rosters.

For posts which commence on or after 1 February 2027, the employer/host organisation must adhere to these deadlines, and the Guardian will have the authority to levy fines for missed deadlines. 

Why does my rota not comply with the working limits set out in the new contract?

In addition to the suspension of fines for missing some administrative deadlines detailed above, a more restricted agreement was also reached to relax departmental fines relating to some working limit requirements and job plan exception reports. Where a department is unable to meet a safe working rule, for example, because it cannot otherwise adequately staff the department, a relaxation of the associated departmental fine may be agreed. These relaxations are a rota-specific, temporary and an exceptional measure, subject to clearly defined safeguards. This is known as a temporary “derogation”.

The department must:

• Identify in writing which specific rule is at risk, why and what mitigation measures are being taken
• consult with affected residents, and;
• in exceptional circumstances where such a risk cannot be resolved or mitigated, meet with the Guardian to outline why the risk cannot be resolved and request a derogation of fine.

The Guardian, together with the resident doctor forum (with an LNC representative present), must then decide on whether the derogation can be granted, with any agreement being confirmed in writing and the outcome reported to the LNC and affected residents. The Guardian must include in the report to the lead guardian, network and board.As this is a temporary and exceptional measure, the derogation must be reviewed before the rota cycle ends and must not be rolled into a new rota cycle.

To be clear, this agreement does not include the penalty rates paid to residents for breaches of any safe working rules under paragraph 219 of the TCS and does not include fines for breaches of the statutory (legal maximum) 48-hour working week limit under the Working Time Regulations and as set out in the TCS. Penalty rates (2x the relevant rate) paid directly to residents cannot be derogated and must be paid to the resident in the event of a breach of the safe working rules. 

The temporary derogation process has only been agreed for the first six months of implementation. Therefore, for posts, placements and rotations which commence on or after 1 February 2027, no derogations will be granted.

Can’t find an answer to your question?

Email us at [email protected] and we’ll be happy to answer your question.