Some Frequently Asked Questions:
HCSA members are encouraged to phone the office or use the web-site’s HCSA Advice Direct service to ensure that any advice provided is geared to their specific circumstances. However we are often asked a number of general questions, some of which are answered below:
My Trust is saying that my full-time contract is for just 10 PA’s. Is this correct?
Yes. The base contract is for a standard 40 hour week job plan which takes account of Direct Clinical Activities, Supporting Professional Activities, and the time spent returning to the hospital whilst on-call and any other specific obligations. Any additional PA’s may be offered and accepted (or rejected) and removed by either party giving three months notice. They are not contractual and neither do they count towards pension or annual leave entitlement.
I thought I was entitled to 2.5 Supporting Professional Activities?
The contract says that “typically” the ratio of Direct Clinical and Supporting Professional Activities is 7.5:2.5. The word “typically” is open to interpretation but the contract goes on to say that the ratio may be adjusted upwards or downwards in light of the job plan discussion. So when preparing for your job plan review it is essential to provide accurate and (if possible) diarised evidence on the hours you spend on SPA’s.
Can I be forced to undertake Direct Clinical Care Activity at weekends, Bank Holidays or between the hours of 7pm-7am?
No. The contract specifically says that no consultant can be compelled to work these hours unless in an emergency or to deal with urgent cases. Consultants can, of course, agree to do this and should this become a regular part of the working week include this activity as part of an agreed job plan.
What about being resident on-call?
The same principle applies, although where one agrees to be resident the total time spent falls within the remit of the Working Time Directive for which compensatory time-off should be taken – and crucially agreed in advance of undertaking this “voluntary” duty.
Is the Trust entitled to remove or reduce funding for study and/or professional leave?
Strictly speaking the two are inter-changeable. Consultants are entitled to 30 days of such leave in any 3 year period but there is no entitlement for this leave to be fully funded. Given the financial constraints many Trusts are cutting back on funding for which budgets will always be set “subject to the needs of the service.”
What are the rules governing working in the private sector?
These are comprehensively covered under a code of conduct which should be read and understood. Simply though, consultants should ensure that they are not working in the private sector when simultaneously having a contractual or job plan commitment to the employing Trust and certainly not do so whilst on sick leave.
My Trust is seeking to calculate my annual leave using my programmed activities rather than a number of days. Is this legitimate?
Our view is that this is not appropriate and can be detrimental. The contract says that consultants are entitled to 32 days leave (plus any additional to reflect seniority) and this should be the basis on which leave is calculated. Absence on approved leave means that a consultant is free from all encumbrances over the 24 hour period; not just the programmed activities.
Does “gardening leave” still apply?
If you need to ask that question you certainly need specialist advice, either from the HCSA or if it is in connection with your professional/clinical performance your Defence Organisation. (Incidentally if you are not a member of a recognised Defence Organisation we strongly suggest you do so). Simply, the rules governing exclusion and restriction from practice are covered under “Maintaining High Professional Standards.” Generally, we would urge members not to accept a “voluntary” or “informal” arrangement but insist on the application of MHPS which are designed to protect and safeguard the interests of consultants and the employer.
Can I claim travel from home to my base hospital?
Unless you are working under the terms and conditions of the “old” contract the answer is no. But you can claim any mileage necessarily incurred in the fulfillment of your NHS duties – but do check any local Trust policy that might be in force.
Can I claim relocation costs when moving jobs?
It is crucial to check this with your prospective employer before committing yourself to accepting the post and funds associated with relocation. Some Trusts are saying that any such reimbursement is discretionary; most, if not all will not reimburse unless prior approval and authority has been given.
As a member of the HCSA can I become a member of my Local Negotiating Committee – I am told this is a BMA Committee!
The answer is unequivocally yes – many HCSA members contribute to the workings of their LNC’s, and are encouraged to do so. The LNC is appointed through the senior medical staff committee and anyone is eligible to put their names forward for election/appointment.
Are the HCSA membership fees eligible for tax allowance?
The HCSA subscription is not strictly eligibly for tax allowance as the Association does not qualify as a “Learned Society” within the Inland Revenue’s regulations, in that membership is not a mandatory requirement to practice medicine.
Despite this, it has been our normal custom to advice members to claim the allowance under Schedule E or Schedule D because we know of many who are granted the concession as a result of the discretion available to Tax Inspectors.
Can I request that my contract of employment is screened?
Yes. The HCSA will screen the contract of employment and other relative documents to ascertain that the contents are correct and comply with the standard contract and that the details of seniority and salary are at the correct level
