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Junior Doctors' Handbook on the 2016 Contract

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Junior doctors’ handbook on the 2016 contract A guide to the new 2016 terms and conditions of service for doctors and dentists in training in England April 2021 Version 2.0 British Medical Association bma.org.uk British Medical Association Junior doctors’ handbook on the 2016 contract Contents 1. Introduction ...........................................................................................................................................................2 2. Training appointments and educational approval .................................................................................3 3. Learning and development .............................................................................................................................5 4. Recruitment to specialty training – advice for applicants ..................................................................7 5. Contracts of employment ................................................................................................................................9 6. Pay ........................................................................................................................................................................... 13 7. Work Scheduling ............................................................................................................................................... 24 8. Hours of work and WTR ................................................................................................................................... 31 9. Exception reporting, work schedule reviews, and the Guardian of Safe Working ..................36 10. Indemnity ............................................................................................................................................................. 41 11. Transition arrangements ...............................................................................................................................44 12. LTFT (less than full-time) training ...............................................................................................................46 13. Locum work in the NHS ..................................................................................................................................50 14. Study and professional leave .......................................................................................................................53 15. Annual leave ........................................................................................................................................................56 16. Maternity, paternity and shared parental leave .................................................................................... 59 17. Sick leave ..............................................................................................................................................................70 18. NHS pension scheme ......................................................................................................................................73 19. Travelling and other expenses ..................................................................................................................... 74 20. Removal expenses ............................................................................................................................................78 21. Accommodation and catering ....................................................................................................................84 22. OOP (Out of Programme) Experiences ....................................................................................................87 23. Medical academic doctors ............................................................................................................................90 24. Overseas doctors and international medical graduates ..................................................................96 25. Revalidation.........................................................................................................................................................98 26. Raising concerns and whistleblowing .....................................................................................................99 27. The regulatory framework ..........................................................................................................................103 28. The British Medical Association and its structures .........................................................................107 2 British Medical Association Junior doctors’ handbook on the 2016 contract 1. Introduction The Junior doctors’ handbook on the 2016 contract This handbook is your guide to the main contractual issues that may arise in junior doctors’ employment, and on which you may need to seek advice. The guidance in this handbook covers junior doctors working under the new 2016 terms and conditions of service and includes all contractual updates that were introduced as part of the 2018 contract review. The 2016 contract only applies to junior doctors working in England. Any junior doctors working in Scotland, Wales or Northern Ireland should continue to refer to the 2015 handbook which can be found on the BMA’s website. The handbook has been produced to provide information to help junior doctors understand their terms and conditions of service and matters arising in the course of their employment. Every effort was made to check accuracy at the time of publication but there may have been later changes. Members should also check the BMA website for updates since the time of publication. BMA members may seek advice on specific problems relating to the terms of their employment by contacting our team of advisers on 0300 123 1233 or [email protected]. The BMA is happy to receive any comments on the handbook, or any suggestions on how to improve the services provided for junior doctor members. Comments should be sent to the junior doctors committee at [email protected]. The handbook can also be found on the BMA website: bma.org.uk/pay-and-contracts/contracts/junior-doctor-contract/bma-handbook-for- junior-doctors-in-england April 2021, Version 2.0 British Medical Association Junior doctors’ handbook on the 2016 contract 3 2. Training appointments and educational approval Summary This chapter covers the key approvals required before a post can be recognised for training. It explains which organisations hold responsibility for approving training programmes and posts, as well as the types of posts that may not count towards a CCT. All training posts must have educational and dean’s approval and this should be clearly stated in advertisements. Junior doctors should be aware that non-approved or non- standard posts will not count towards a CCT (certificate of completion of training). Junior doctors who have any concerns about a post should always seek advice from their local Health Education England team. All specialty training and fixed-term training appointments must adhere to national person specifications, which are available on the Health Education England website specialtytraining.hee.nhs.uk/Recruitment/Person-specifications. NHS training posts must be of an acceptable standard and accord with NHS workforce agreements. The following key features must apply to all training posts: – a post or programme must have educational approval and approval by the postgraduate dean, or it cannot be designated a training post or programme – placements or programmes in NHS training grades for doctors and dentists can only be advertised if they have the valid educational and dean’s approval. – all recruitment procedures should comply with equality and diversity policies. A post not in a recognised NHS training grade (eg ST level Trust grade post/clinical fellow/ FY3/Locally Employed Doctor (LED)) cannot be regarded as a recognised training placement or programme. You cannot assume that experience in such non-training posts will count towards the completion of specialty or general practice training. Employers must seek permission from the postgraduate dean whenever it is proposed to advertise a training placement or programme. Before the advertisement can appear, the postgraduate dean must confirm that: – there is valid educational approval – it has the current postgraduate dean’s approval The following two elements must be met for a post to obtain the postgraduate dean’s approval: – posts must meet agreed standards on training, supervision, contractual terms, compliance with contractual working hour limits, accommodation and catering, and their local human resources strategy – where there is a national or specialty-specific target for the number of doctors or dentists to be trained, the dean’s approval must not be granted to placements that may cause these targets to be breached GMC (General Medical Council) approval of experience All formal training posts in the UK, that meet the above criteria and are part of a GMC- assured training programme, will now result in a Certificate of Completion of Training (CCT). Previously, training programmes that doctors entered later (eg at ST3), or in cases where the doctor had a certain amount of pre-existing experience, would allow them to leave training with a Certificate of Eligibility for Specialist Registration (CESR) – this is now no longer the case, and completing a GMC-assured training programme will result in a CCT. Prospective approval of posts The GMC does not retrospectively approve non-training
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