The appeal panel comprises of three members with no previous involvement with the dispute. The members include: a chair nominated by the employer, a panel member nominated by the consultant and an independent third member is chosen at random from a list of individuals approved by the BMA and NHS Employers.

A guide to consultant job planning and a UK guide to job planning for specialty doctors and associate specialists (currently under review) have been prepared jointly between the BMA and NHS Employers and reflects a shared understanding of the key principles which should characterise a collaborative approach to the job planning process. They summarise the mediation and appeals procedures as follows:

Mediation

If there is disagreement about a job plan, the next step is mediation. Mediation is an informal process normally led by the medical director (unless he or she has already been involved in the disputed plan) for resolving disagreements. The mediator will first meet the consultant and the clinical manager separately; all three meet together subsequently. This will normally be within four weeks of referral. As soon as there is formal disagreement the consultant should request mediation by writing to the medical director and consider copying the letter to the director of human resources and LNC chairman. This request must be made within two weeks of the failure to agree. In preparation for the mediation meeting the following should be considered by both sides:

• the nature of the disagreement
• the reasons for their position
• the evidence for their point of view
• the consequences of alternative job plans
• their ideas for reducing hours worked if the number of PAs is the cause of the disagreement. 

Evidence brought to the mediation meeting will depend on the nature of the disagreement, but may include:

• work diaries (information from Dr Diary app could be used)
• workload or activity statistics
• corroborating letters from external organisations
• comparison with agreed job plans of other consultants in the same or different organisations
• speciality/college ‘best practice’ advice
• Care Quality Commission (CQC) visit information
• NICE guidance. 

For consultants, the mediation meetings involve only the mediator, the consultant and the clinical manager. If agreement is reached, the job plan should be signed off within five working days. If mediation does not resolve the differences, a formal appeal should be lodged. 

For SAS doctors, the mediation meeting involves only the clinical manager and the SAS doctor. If agreement is reached, the job plan should be signed off within five working days. If mediation does not resolve the differences, a formal appeal should be lodged.

Appeals

A formal appeal panel will be convened when it has not been possible to resolve the disagreement using the mediation process. An appeal is lodged as soon as possible and according to the timescales set out in the terms and conditions (schedule 4 of the Consultants TCS and Schedule 5 of the SAS TCS). The panel will consider the dispute, taking into account the consultant/ SAS and the trust management’s views, and will make a formal recommendation to the trust board within two weeks of the appeal being heard. It is expected that the trust board will normally accept the recommendation.

Each trust or employing authority will have its own protocol in place which sets out how the above steps will be carried out and by whom. 

The BMA and NHS employers has agreed an Appeals model protocol for consultants.

A brief overview of appeals panels

If there is a disagreement about a job plan, and mediation is not successful, the process is escalated to a formal job plan appeal. The doctor appealing should set out the points in dispute and the reasons forming the basis of their position.

In many cases the panel will make a simple yes or no decision, where there is a clear issue to arbitrate on. In more complicated cases, the appeal panel will have to sift through more detail before reaching a conclusion.

Training video

We have created a brief training presentation on job plan appeals panels, jointly produced by the BMA and NHS Employers.

The presentation covers:

• what the appeals panels are for and how they function
• some key issues you might have to consider in the event that you are asked to sit on a panel as the third member.

Volunteer to be on an appeal panel

We are always looking for volunteers who would be willing to sit on the list of prospective third panellists. These appeals panels can help to ensure that doctors are not pressured into accepting job plans which are not contractually compliant or clinically justified.

If you are a consultant or SAS doctor who would like to volunteer, email your name and region to [email protected].