SAS Contract – Next steps and implementation strategy
April 2008
Contents:
- Contract negotiations - Background to implementation
- Next steps and likely timings
- Further information
- Additional points to remember:
- Joining the BMA
1. Contract negotiations - Background to implementation
See
here for more detailed background information.
- On 4 December 2007 the Department of Health announced that the government had at last ratified the contract. The contract would be offered for implementation from 1 April 2008, with new transitional arrangements giving both groups of doctors – Associate Specialists and the new Specialty Doctor grade – half their expected pay increase on assimilation (1 April 2008) and half in year two (1 April 2009). The letter received from the Department of Health stated that ratification of the contract and the new transitional arrangements were for England only.
- The Staff and Associate Specialists Committee (SASC UK) met on 5 December 2007 and discussed the letter received from the Department of Health in great detail. The committee agreed that the letter was very ambiguous and sought further clarification from the Department of Health on the implications of the new arrangements and implementation date for back dated pay and the devolved nations. The response letter was sent to the Department of Health on 5 December 2007.
- The Committee expressed their considerable disappointment with the government’s contract offer and debated whether the Committee should continue to pursue a contract ballot in respect of the wishes of special conference attendees, however, it was noted that the survey and attendees at the December SASC special conference had explicitly requested that SASC take the contract to a vote in the event of the contract’s release. As such, SASC UK agreed to undertake communications events and a vote of all SAS doctors and dentists.
- On 17 December 2007, SASC received a further letter from the Department of Health. The response was disappointing and afforded little clarification on the issues sought. Furthermore, the letter confirmed, contrary to the committee’s understanding, that the terms and conditions of service sent to the BMA in November were final versions and not for further discussion.
- As per the Department of Health’s letter dated 17 December 2007, discussions on the terms and conditions of service were not resumed after the ratification of the contract. However, the committee felt that there were outstanding areas needing agreement / clarification or amendment. This point was re-stated in a letter from SASC to the Department of Health of 18 December which warned the government that their response was likely to have a negative impact on the vote as well as on any possible implementation. The letter requested further consideration and a response within 2 weeks. The response stated that there would be no further negotiation.
- Wales and Northern Ireland Governments agreed to offer similar arrangements to those offered in England in their nations.
- Following discussions in relation to implementation of the new SAS contract in Scotland the Scottish Government Health Directorates agreed on 15 February 2008 that SAS doctors who moved on to the new contract on 1st April 2008 would be moved on to the pay point that they would have been on had the contract been implemented from 2 April 2007. Back pay was not included in this arrangement.
- During the week beginning 25 January 2008 documents were sent to all SAS doctors and dentists informing them of the new contract and its implications in advance of the formal ballot papers being sent out. The mailing consisted of a letter and short summary of the proposals. All necessary documentation is available here.
- Communication Events commenced 4 February 2008 and took place over a three week period across the UK.
- The Electoral Reform Service (ERS) conducted the vote on behalf of the BMA. Voting papers were sent to all SAS doctors and dentists by the ERS the week commencing 25 February 2008. SAS doctors had three weeks in which to vote on the new contract either by post, telephone or via a web based system.
- The vote was counted on a UK-wide basis although Scotland had also requested a country-specific count. 60.4% of respondents in every nation (England, Wales, Northern Ireland and Scotland) voted ‘yes’ to the question ‘Do you support the introduction of the new national contract for doctors and dentists in the SAS grades’. See here for full details of the vote result.
- SASC UK resolved on 18 March to accept the new contract for implementation across the UK.
- SASC UK wrote to the DH on 19 March to accept the contract.
- The contract was made available from 1 April 2008 on an optional basis to SAS doctors and dentists across the UK who wished to transfer.
2. Next steps and likely timings (England, Wales and NI)(Scotland likely to be later in starting):
Likely timing |
Action by Employers |
Action for SASC |
Action for you to consider |
Before 1 April 2008 |
|
SASC will mail out to all SAS doctors a flow chart containing information on what to do next
SASC sets up an implementation group |
Diary exercise (6-12 weeks)
Submit any regrading applications to old AS contract |
During April (and ongoing) |
Employers will invite expressions of interest to the contract and SAS doctors will have 12 weeks within which to respond. |
Implementation group (or subgroup) to meet NHS Employers and to work on developing necessary guidance. (NHSE will be consulted with the aim of creating joint guidance on as many areas as possible)
SASC will publicise guidance and write to regional representatives and LNCs asking them to explain the contract and to assist with implementation
Ongoing help and support from Regional Services Staff |
SAS doctors will need to consider their individual position and the merits or otherwise of the new contract. The BMA ‘Ready reckoners’and all TCS and guidance are available on the BMA website and these should be used to assist SAS doctors in deciding whether they will express an interest in the contract.
There is also a handy guide to the benefits and drawbacks of the new contract (BMA members only) from the SASC Negotiating team. Note - An expression of interest does not commit to acceptance but it keeps the opportunity of back pay open.
|
Before August |
Job planning undertaken |
SASC will share local implementation good practice with the wider SAS groups and Regional Services through communications, BMA News, guidance etc |
If interested – SAS doctor to respond to Employer’s letter within 12 weeks
Job planning undertaken |
Before November |
Confirm prospective job plan
Formal Offer of new TCS made to doctor |
Ongoing help and support from BMA Regional Services Staff |
confirm prospective job plan |
Before December |
|
Ongoing help and support from BMA Regional Services Staff |
Doctor has 21 days (28 days in Scotland) to accept offer or go to mediation |
January 2009 |
Doctor transferred to new TCS pay |
Ongoing help and support from BMA Regional Services Staff |
If applicable - Mediation process (55 days allowed). |
February 2009 |
Doctor paid arrears back to April 2008 |
Ongoing help and support from BMA Regional Services Staff |
|
March 2009 |
|
Ongoing help and support from BMA Regional Services Staff |
If applicable formal appeal process completed |
3. Further information:
4. Additional points to remember:
- BMA members will be able to get support as necessary via askBMA (0870 60 60 828 or by using the askBMA enquiry form here) and the BMA Local Negotiating Committee and Local Staff and Associate Specialists Committee.
- It might not be in everyone’s interest to change to the new contract with effect from 1 April 2008. For some SAS doctors, such as those who have a reasonable expectation of receiving more than one optional or discretionary point payable from 1 April 2008, it might be better to remain on the current contract initially and assimilate after the award of your points. You will need to make a decision based on your own financial circumstances, using the ready reckoner available on the BMA website to assist you. You should still express an interest in order to retain your right to back-pay should the DP/OP not materialise.
- No matter how long the job planning process takes, you will retain the right to backdated pay to 1 April 2008 if you have expressed an interest within the initial 12 week period.
- If you are eligible and wish to apply to regrade to the AS grade you should do so as soon as possible.
- SASC will be working with NHS Employers to resolve problems that emerge
- SASC will be creating further guidance to assist members and will be working with Regional Services to ensure the smoothest possible implementation.
- Current SAS doctors may remain on their current contracts indefinitely, if they wish, while retaining the ability to transfer to the new contract at any time they choose (although not then eligible for backdated pay to 1 April 2008).
5. Joining the BMA
We advise all SAS doctors to join the BMA in order to make the best use of the services available to members during implementation of the SAS contract.
BMA members will find that the BMA can provide specific advice on assimilation, they can assist with job planning advice, regrading applications, scrutinising contracts as well as assistance with any mediation and appeals procedures.
Non-members should note that assistance cannot be given when the issue predates BMA membership. However, if you join the BMA before 6 June 2008 we will be able to assist you with any issues associated with the new contract even though this may predate your membership. We will not be able to deal with any other issues that predate your membership.