An updated version of schedule 15 of the consultant contract (and schedule 23 for clinical academics) and accompanying guidance have been released which detail the new Pay Progression process. These documents are the result of tripartite negotiations between HCSA, NHS Employers and the BMA after HCSA consultants voted to accept the consultant pay deal in April 2024.
Key points
- The new pay progression process will come into effect from 1st April 2025. This process introduces performance gateways that consultants must pass through before moving onto the next pay threshold. Any consultants due to move to the next pay threshold before 1st April 2025 will do so automatically.
- Pay progression meetings should take place 6 months, and no later than 3 months prior to the pay progression date. This means for those due to move to the next pay threshold in April 2025, meetings may take place from October 2024.
- Where the consultant has not met the pay progression criteria by the pay progression date, pay progression will be delayed for a year. There are a number of protections in place to assist members to avoid this scenario or to challenge it where imposed unfairly.
- Through negotiations, HCSA secured safeguards to protect consultant members. HCSA will support consultant members with difficulties navigating the process or facing unfair treatment from their employer.
HCSA advice
For consultants
- Preparation is key – familiarise yourself with the new requirements and be ready in advance of the pay progression meeting.
- Know your pay progression date – take note of your pay progression date and ensure that your clinical manager has scheduled the pay progression meeting six months in advance. Your pay progression date is based on your years completed as a consultant. Speak to your clinical manager to clarify this.
- Follow up - check that your clinical manager has actioned the pay uplift with payroll so there are no unexpected delays.
- Contact your union – HCSA is here to support you to navigate the appeals process if you have any issues.
For clinical managers
Clinical managers now have a legal responsibility to schedule pay progression meetings and action their outcomes with payroll. This is necessary to ensure consultants receive pay uplifts on time. We recommend you familiarise yourself with this process so you can navigate it confidently.
For Joint Local Negotiating Committee Members
The JLNC plays an important role in scrutinising the delivery of this process and checking that it is conducted fairly and consistently. Let HCSA know if you are a JLNC member so we can include you in our briefings.
Safeguards
In negotiations, HCSA secured a number of safeguards to protect consultant members from attempts to unfairly withhold pay progression. HCSA will support consultant members with difficulties navigating the process or facing unfair treatment from their employer.
- Consultants should not be penalised if the pay progression criteria have not been met for reasons beyond their control.
- Remedial action – The period of 3-6 months between the pay progression meeting and the pay progression date allows consultants to take remedial action if they have not initially met the criteria, and therefore potentially progress without delay. Consultants shall not be penalised if remedial action has not been completed for reasons beyond their control.
- Right of appeal – Consultants will have the right of appeal. All instances in which pay progression has been unsuccessful will be reviewed by the Medical Director who has the discretion to overturn the decision. If unsuccessful at this stage, the consultant can escalate through the appeal process.
- Job planning - HCSA was clear in negotiations that the process must not be used to pressurise consultants into agreeing less favourable job plans. Note that the pay progression criteria requires consultants to have ‘participated satisfactorily’ in the job planning process, but consultants reserve the right not to agree to a job plan. The absence of an agreed job plan owing to reasons beyond the consultant's control, or an open job plan dispute process will not prevent pay progression. The job planning meeting cannot be rolled into the pay progression meeting (but could happen immediately after if all parties agree).
- Criteria and standard template – Employers cannot introduce any new criteria beyond those in schedule 15. Employers are encouraged to use the standard template in the guidance for the meeting. If your Trust is diverging from this and you have any concerns, contact HCSA for support.
- Absence - The principle of fair and equal treatment will apply so that consultants absent due to sickness or parental leave are not penalised. For periods of planned leave, such as maternity, the pay progression meeting can be conducted early or where this is not reasonable or practical, the consultant will progress automatically.
- Preventing discrimination – Trusts must make every effort to ensure the pay progression process is fair and in line with relevant equalities legislation as well as with the NHS’ Medical Workforce Race Equality Standard (MWRES) and Equality and Diversity and Inclusion improvement plan. Employers should engage in equalities monitoring of pay progression outcomes.
- Disciplinary / capability – Pay progression can be withheld where there is an ongoing disciplinary or capability process in place. However, this must be kept under regular review and if the process does not find any significant cause for concern, pay progression with backpay should be actioned without delay.
Documents
If in doubt, contact HCSA for support.