Staff and Associate Specialist contract update
18 December 2007
SAS Contract Proposals – Recent events
On the evening of 4 December 2007 SASC received a letter from Nic Greenfield (Director of Workforce at the Department of Health). The letter informed us that the contract proposals as set out in the summary agreement had been ratified by the Government (in England). However, it also suggested a ‘transitional pay award’ and implementation from 1 April 2008.
The transitional implementation as suggested by the government gives both groups of doctors – Associate Specialists and the new Specialty Doctor grade – half their expected pay increase in year one (1st April 2008) and half in year two (1st April 2009). As stated in Nic Greenfield’s letter – ‘this differs from the submitted proposal, which would have given the full increase to Specialists Doctors in year one but would have delayed the increase for Associate Specialists to year two, but this is broadly cost neutral and does not significantly alter the cost of implementing the new arrangements’. The new proviso only affects the pay increase of the first increment uplift for all SAS doctors, and will not affect other elements of the proposal.
The Staff and Associate Specialist Committee (SASC UK) met on the 5 December 2007 and considered feedback from the Special Conference and the Survey. They also discussed the release of the contract. Although extremely disappointed with the proposed transitional arrangements, SASC UK resolved to write to seek further clarification, expressing serious concern at the Governments late response and decision to undermine the negotiations process by imposing new arrangements. SASC UK also asked the Government to clarify various aspects before the contract could be taken to ballot. Further information was sought on the following:
- Clarification of the impact of phased pay increments on scale progression.
- Assurances that if the ballot and/ or job plans have not been agreed by 1 April 2008 that all pay increases will be backdated to the Government’s implementation date.
- Assurances that the Window of Opportunity will be effective from 1 April 2008 and clarification on the detail of this arrangement.
- Assurances that the Government will engage fully in the agreement of outstanding areas of the TCS and associated documentation which are yet to be resolved with NHSe.
- The position with regards to transitional arrangements in the devolved nations.
The response letter explained their reasoning behind the transitional arrangements as being due to the current climate (we interpret this as in order to avoid headline pay increases) and due to criticism from the National Audit Office and the Public Accounts Committee of earlier contracts and their recommendations that the Government ensure that large changes in pay are not implemented before the related benefits were delivered. The letter was vague in any clarification of the impact of the phased pay and showed a lack of understanding of the modelling after a years consideration. We have now received separate explanation of the transitional arrangements from NHS employers. The NHSe interpretation uses incremental dates and means that those SAS doctors moving to the new contract would recieve half of the increment on assilimation and the other half in twelve months. As pay will be affected by each doctors' increment date - this also has implications for the ready reckoner. In effect this makes it harder to calculate exact pay but the BMA analysts are looking into how this can be best achieved and we will put an updated Ready Reckoner on the BMA website as soon as possible.
SASC negotiators had expected to meet with NHS employers (NHSe) to discuss some of the detail and outstanding areas of the Terms and Conditions of Service as well as the detail of any implementation. The Government interpretation of the latest TCS, as highlighted in the response from Nic Greenfield is that these are final and not for further discussion. SASC negotiators have always referred to these as indicative versions of the documentation and SASC has always been clear that once ratified we would resume discussion with NHS employers on the detail. This was agreed in informal discussions between SASC and NHSe but the agreement appears to have been reneged upon. SASC has concerns that some of the provisions as currently stated by NHSe may even fall foul of Equal Pay Legislation and may indirectly discriminate against female doctors. This has been raised in the past with NHS employers.
The Government letter also clarified that there would be no backdating of pay to April 2006 (which has always been the BMA's stated position) or after 1 April 2008 which is the new proposed implementation date. This means that the contract would need to be accepted and expressions of interest sought by employers on 1 April 2008 in order for SASC doctors to receive a pay increase from that date. Any delays may have detrimental effects on an individual’s pay increase date.
The letter also clarified to SASC that the Window of Opportunity would last for one year, until April 2009. SASC had hoped that the Window of Opportunity would run for at least 18 months and were very disappointed with this response.
Devolved Nations
With regard to the implementation of the contract in the other countries, the letter clarifies that this is a matter for ministers in the Devolved Administrations. The Scottish Cabinet Secretary for Health has given a mandate to Scottish Government Health Department representatives to arrange a meeting between the Management Steering Group and BMA Scotland in January to discuss the situation. We await urgent responses from Wales and Northern Ireland.
Next steps
SASC are seriously disappointed by the Government’s narrow minded stance and we have serious concerns as to whether the proposals could be implemented in practice if this contract were to be accepted by a ballot given that there are still outstanding issues to be agreed. We have written to the Government to express our strong dissatisfaction with the reply. However, at this time, as the Government has effectively curtailed any further clarification or negotiation with NHS employers, SASC will now concentrate on updating the documentation. Once we have heard from the Devolved Nations, SASC will send the latest contract proposals (as final) to a ballot of all SAS doctors. This will of course be preceded by a full information campaign to properly inform doctors, which is likely to be run through February 2008. The details of the campaign will be confirmed shortly.
In the meantime all SAS grade doctors need to ensure that their details are up to date and to register with the BMA if you haven’t already done so in order to be able to vote. You can do this on the BMA website or by phoning the membership department on (020) 7383 6642.
This is your chance to have your say.