The 2023/24 pay deal ensured a contractual right for specialty doctors to move to the 2021 contract as well as providing greater opportunities to progress to the specialist role. SAS doctors working under closed terms and conditions may therefore wish to consider changing contracts to access the increased pay scales and other improved conditions that the 2021 SAS contracts offer.
We are conscious, however, that there are outstanding concerns around the 2021 contracts. The below guidance has been designed to address common questions around moving to the 2021 contracts.
Changes to basic pay for specialty doctors moving from the 2008 to the 2021 terms and conditions of service
All specialty doctors currently on the 2008 specialty doctor contract will see a pay rise by moving to the 2021 contract either immediately or after their next incremental date. Our pay scale page provides further information on which pay points benefit from an immediate uplift upon transfer and which would benefit on their next incremental date.
Doctors considering transferring to the new contract will go through a process, during which their employer must provide a written statement of the job plan and salary package they would receive under the new contract. If the doctor is not happy with this package, they can choose to stay on their current contract.
Find out more about the process below.
Benefits of moving to the 2021 SAS doctor terms and conditions
As outlined above, specialty doctors on the 2008 will benefit from increased pay by moving to the 2021 contract in either their current or next incremental pay year. In addition to pay, the 2021 contracts introduced a number of benefits and safeguards that members can access by transferring:
- New safeguards to protect SAS doctors and their work-life balance (e.g. an agreement that the majority of work - no less than 60% - should take place in standard working hours and that elective work should not normally be scheduled to finish later than 7pm unless mutually agreed. In addition, when a doctor is scheduled to work after a busy night call, it should be for the doctor to declare, with no detriment, that they are too tired to work [with any displaced time/activity rescheduled, or where possible covered by colleagues, or if necessary cancelled, without affecting a doctor's earnings].)
- Flatter pay scale to better reward SAS doctors throughout their careers and help reduce the gender pay gap.
- Increased on-call supplements in line with consultants.
- Enhanced pay and provisions for shared parental leave and child bereavement leave.
Removal of barriers to transferring to the 2021 SAS terms and conditions
As part of the 2023/24 pay deal for SAS doctors we secured changes to the 2021 SAS doctor contracts to remove many of the barriers which we know were discouraging transfers to these roles. The main change included reverting plain time hours to 7am-7pm on weekdays. This means that plain time hours are now the same on both the 2008 SAS contracts and the 2021 SAS contracts.
It is worth noting that the redundancy arrangements brought in as part of the 2021 contracts in England to bring them in line with the Agenda for Change terms and conditions of service were never introduced in Wales.
Regrading to a specialist doctor post
In addition to removing one of the main barriers to transferring to the 2021 contracts, we were pleased as part of the 2023/24 to secure a policy for the regrading of specialty doctors to specialist roles. This provides a long-awaited and much-needed route for progression for highly experienced specialty doctors.
The key principles of this policy are that if a specialty doctor can demonstrate the following they will then be regraded to the specialist grade.
- they possess and have been applying the skills required
- they have the required experience
- they meet the capability framework requirements for the Specialist grade
- and, there is a service need for a specialist.
As part of the policy, it has also been agreed that where a specialty doctor can evidence that they are already working wholly or partially at the level of clinical responsibility of a specialist then this will be taken as sufficient evidence of a service need.
The policy applies to all existing and new specialty doctors who are employed within NHS Wales regardless of whether they are on the 2008 or 2021 contract.
The full process for applying for specialist career progression is available on NHS Wales employers website. All applications are to be submitted via a central portal administered centrally by NHS Wales Employers, ensuring that there are no unnecessary delays locally.
FAQs
Will I have to work extra hours if I move to the new specialty doctor contract?
No. As part of the transfer process, you would enter into a job planning process (see below), but your number of PAs would remain the same (unless you agreed to change them).
Would my job plan be reviewed if I moved to the 2021 contract?
If you have a recently agreed, up-to-date job plan that is fully compliant with the 2021 TCS you should transfer to your new terms without any additional job planning process beyond the normal regular job plan reviews which are included in both contracts.
If you do not have a recently agreed, up-to-date job plan, or it is not compliant with the 2021 TCS you should transfer to your new terms as soon as possible but have a job plan review as soon as possible following the transfer and in any event within 12 months. If you would rather, you can request a job plan review prior to transfer.
It is worth noting that SAS doctors' job plans are meant to be reviewed on an annual basis, even if they are not changing contracts.
Transferring from the 2008 specialty doctor contract to the 2021 specialty doctor contract
The process of moving would look like this:
Step 1 - Expressing interest
If you tell your employer that you want to transfer to the new contract, you will begin a process of transition.
An expression of interest is not legally binding (schedule 20 of the terms and conditions) and it does not mean you are obliged to transfer. What it means is that you agree to enter into the transitional process in good faith and with the expectation of transferring.
Step 2 - Job planning and pay journeys
If you have a recently agreed, up-to-date job plan that is fully compliant with the 2021 TCS you should transfer to your new terms without any additional job planning process beyond the normal regular job plan reviews which are included in both contracts.
If you do not have a recently agreed, up-to-date job plan, or it is not compliant with the 2021 TCS you should transfer to your new terms as soon as possible but have a job plan review as soon as possible following the transfer and in any event within 12 months. If you would rather, you can request a job plan review prior to transfer.
After your job plan is provided, or your current sessional commitment ascertained where a job plan is absent and you do not wish to undertake a job plan review prior to transfer, you should be provided with a pay comparison document and an offer letter, detailing the changes in pay you will expect to see on your current pay point and following your next pay progression date on the 2008 and 2021 contracts.
As outlined above there are there are three pay points at which your pay would drop upon transferring to the 2021 contact but where you would see an increase in your next increment year. If this is the case your employer will advise you to contact again after your next increment date to discuss the transfer.
Step 3 - Accept or decline
After receiving your pay comparison document you have 21 days to accept or decline the transfer.
Acceptance
If you accept you will transfer to the 2021 contract from the date you first expressed interest in doing so.
Decline
If you choose to decline, there will be no detriment to you and you will remain on your existing contract, job plan, and pay arrangements.