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The Scottish Government Health Workforce Directorates Employment and Retention Division T: 0131-244 2858 F: 0131-244 2837 John.nicholls@scotland.gsi.gov.uk NHS Circular: PCS(DD)2010/3 abcdefghijklmnopqrstu Dear Colleague AMENDMENTS TO NEW DEAL GUIDANCE AND PAY AND CONDITIONS OF SERVICE FOR HOSPITAL MEDICAL AND DENTAL STAFF AND DOCTORS AND DENTISTS IN PUBLIC HEALTH MEDICINE AND THE COMMUNITY HEALTH SERVICE Purpose 1. This circular formally amends a range of guidance on the New Deal contract. The guidance amended is as follows: HDL (2000)17 Contract Implementation Guidance Corrigenda to HDL (2000) 17 (30 October 2000 and 16 December 2003) Contract Implementation Guidance PCS 2007(DD)07 Introduction of Specialty Registrar Grade (Annex C) HDL (2001) 50 - Living And Working Conditions for Hospital Doctors In Training HDL (2002) 33 - Junior Doctors: New Deal Compliance Re- Banding of Doctor In Training Posts HDL (2003) 10 - New Deal For Junior Doctors: Natural Breaks PCS(DD)2001/3 Pay and Conditions of Service for Hospital Medical and Dental Staff and doctors in public health medicine and the community health service CEL 17 (2008) Junior Doctor Banding Appeals HDL (2001) 62 New Deal Compliance Hours & Non Hours Standards HDL(2005) 21 New Deal for Junior Doctors: System for Managing New Deal Non Compliance for SHO and SpR Grades HDL (2005) 32 Modernising Medical Careers: Human Resources Aspects of Foundation Programmes PCS (DD)2005/7 New Flexible Training Arrangements for Doctors in Training Guidance notes to request attendance of a New Deal Support Officer at formal New Deal Appeal proceedings, June 2006. Health Department letter PRHO compliance changes to the 3 strike process, 4 November 2003 HDL (2001) 76 - Junior Doctors: Banding Appeals 14 April 2010 Addresses For action Chief Executives, NHS Boards and Special Health Boards Directors of Human Resources, NHS Boards and Special Health Boards Medical Directors, NHS Boards and Special Health Boards For information Members, Scottish Partnership Forum Members, Scottish Terms and Conditions Committee Members, Scottish Workforce and Governance Group Enquires to: Joyce Edwards Scottish Government Health Directorate Health Workforce Ground Floor Rear St Andrew s House EDINBURGH EH1 3DG Tel: 0131 244 2474 Fax: 0131-244 2837 E-mail: Joyce.Edwards@scotland. gsi.gov.uk

2. The amendment confirms that the roles formerly carried out by the Implementation Support Group (ISG) and the Regional New Deal Support Group/Officers detailed in the circulars and guidance noted above now rest completely with the Central Team (details below). 3. This circular also formally amends paragraphs 20 and 22 of the terms and conditions of service for hospital medical and dental staff and doctors and dentists in public health medicine and the community health service. References in these paragraphs to the Regional New Deal Support Group should be deleted and in their place Central Team should be inserted. Background 4. Professor Philip Cachia, the retiring Chair of the New Deal Review Board, wrote to NHS Boards on 19 August 2009 to provide information on the outcome of the last review of support for the New Deal contract. A copy of the letter from Professor Cachia is attached as an Appendix to remind you of the range of support which is available to you through the new Central Team. 5. The new Central Team is now in place and their contact details are as follows: Senior WTR Adviser and New Deal Manager Daniel MacDonald Tel.: 07818 012 167 E-mail: Daniel.macdonald@scotland.gsi.gov.uk WTR and New Deal Adviser Donna Lennie Tel.: 07827 232 481 E-mail: Donna.lennie@scotland.gsi.gov.uk Action 6. NHSS Board Chief Executives and Human Resource Directors are asked to share this letter with all staff involved in work related to the New Deal contract. Yours sincerely John Nicholls Deputy Director for Health Workforce

DIRECTION The Scottish Ministers, in exercise of the powers conferred on them by Regulations 2 and 3 of the National Health Service (Remuneration and Conditions of Service) (Scotland) Regulations 1991 and Section 105(7), paragraph 5 of Schedule 1 and paragraph 7 of Schedule 5 to, the National Health Service (Scotland) Act 1978, hereby approve the substitution of ISG or Regional New Deal Support Group/officers for the Central Team in all guidance related to the New Deal contract for doctors in training and to the Handbook of the Terms and Conditions of Service for Hospital Medical and Dental Staff and Doctors and Dentists in Public Health Medicine and the Community Health Service, set out in PCS(DD) 2010/3. This has immediate effect. JOHN NICHOLLS Deputy Director for Health Workforce Scottish Government Health Directorates St Andrew s House EDINBURGH EH1 3DG 14 April 2010

APPENDIX Health Workforce Directorate Workforce Employment and Retention Division T: 0131-244 3283 F: 0131-244 2837 Sandra_n@scotland.gsi.gov.uk abcdefghijklmnopqrstu Chief Executives of NHS Boards Medical Directors Human Resource Directors Regional Workforce Directors 19 August 2009 Dear Colleague REVIEW OF THE ARRANGEMENTS TO SUPPORT THE NEW DEAL CONTRACT FOR JUNIOR DOCTORS IN SCOTLAND: AGREED FUTURE SUPPORT My letter of 23 January 2007 outlined the approved recommendations of the New Deal Review Board (NDRB) for the future support of the New Deal. One of these recommendations was that the New Deal Review Board should continue until 2009 at the earliest when a further internal review should take place. I am now writing to advise you of the outcome of this latest review and to inform you that the Cabinet Secretary for Health and Wellbeing has given her approval to the recommendations stemming from the review. The Internal Review Process and Recommendations A Special Meeting of the NDRB was held in March 2009. Taking account of the fact that New Deal compliance currently stands at 98% the constituent partners (BMA SJDC, NHS Scotland Employers and Scottish Government Health Directorates) reached agreement on a revised structure, remit and roles to support future implementation of the New Deal contract,. Details of this are contained in Annex A. It consists of the following main features: The New Deal Support Officer posts based with the Regional Workforce Directors will not continue after the expiry of their current fixed term contracts. Staff have been informed and the posts will be removed at the end of September 2009. There will be a two person Central Support Team consisting of a New Deal/WTR Adviser and a Senior New Deal/WTR Adviser.

The key aim of the new Central Support Team will be to help resolve any local and operational difficulties encountered by either employers or employees in the implementation of New Deal; to collect and report to SGHD on New Deal compliance levels and to support the achievement and maintenance of WTR compliance for doctors in training and other NHS employees. The New Deal Review Board will come to an end and, in future, New Deal issues will be discussed at the Tripartite meetings which are held between the SGHD, NHS Scotland Employers and the BMA SJDC. The Senior Central Support Team member will attend for this part of the meeting. The full recommendations are detailed in Annex A to this letter. The process of identifying the Central Support Team staff will be underway shortly. A further communication will be issued in due course to confirm contact details. In the meantime communications should continue to be routed through Daniel MacDonald. It was agreed that this structure should remain in place for so long as there is a requirement to monitor compliance levels of junior doctor rotas or until it is agreed that a review is required. Annex B contains further information on future New Deal Support and should be read in conjunction with this letter and Annex A. Yours sincerely Professor Philip Cachia Postgraduate Dean, NHS Education for Scotland NDRB Chair

ANNEX A INTERNAL REVIEW OF THE ARRANGEMENTS TO SUPPORT THE NEW DEAL CONTRACT FOR JUNIOR DOCTORS IN SCOTLAND Future Structure, Remit and Roles Introduction 1. The following structure has been agreed by the partners on the New Deal Review Board to support the New Deal contract for doctors in training. This structure will remain in place until any changes in the junior doctor contract mean that the requirement to monitor compliance levels of rotas comes to an end or until it is agreed that a review is required. As a general principle a review of the structure should be carried out from time to time involving SGHD, NHS Scotland employers and BMA SJDC. The Regions 2. The New Deal Support Officer posts currently based with the Regional Workforce Directors will be removed from 30 September 2009. The Centre 3. The Central Secretariat to the New Deal Review Board will be disbanded and a two person (WTE) Central Support Team will be established in its place to support NHS Scotland boards on all aspects of the New Deal and Working Time Regulations. The New Deal Review Board 4. The New Deal Review Board will cease to exist. Instead, twice a year, to coincide with the routine monitoring rounds, the Tripartite Group meetings which are currently held involving SGHD, NHS Scotland employers and BMA SJDC will be expanded to include the New Deal in a separate part of the meeting which will also be attended by the senior member of the new Central Support Team (with other member deputising as required). 5. The Central Support Team will produce a report at each meeting which will cover each Health Board and contain a list of non compliant rotas with appropriate background information. Remit and roles of the proposed Central Support Team Remit 6. The remit of the new Central Support Team of New Deal and WTR Advisers will be to operate within the areas illustrated at paragraph 7 to help resolve any local and operational difficulties encountered by both employers and employees in the implementation of the New Deal; to collect and report to SGHD on New Deal compliance levels and to support the achievement and maintenance of WTR compliance for doctors in training. The Central Support Team will fulfil all of the requirements of the Terms and Conditions of Service and work with the associated guidance documents. As a part of the process of creating the new Central Support Team, extant HDLs PCS and CELs will be updated to reflect the new structure and will be summarised and incorporated into a short briefing document to be circulated to NHS Scotland.

Roles 7. The main roles and activities of the new Central Support Team are set out below: New Deal and WTR Adviser Rota redesign support Sign- off on rota re-banding Data gathering and monitoring of compliance and non hour standards Support for local New Deal processes WTR support Participation in New Deal appeals panels Maintenance of the New Deal website Senior New Deal and WTR Adviser Rota redesign support Sign- off on rota re-banding Data gathering and monitoring of compliance and non hour standards Support for local New Deal processes WTR support Participation in New Deal appeals panels Dispute resolution via the informal appeals mechanism Agree short term deferrals of monitoring for individual rotas where both the employer and junior doctors on the rota support this. Agree annual monitoring where appropriate Agree on unrepresentative monitoring results by providing an independent view and without affecting the trainee or employer s rights to appeal. Monitor and report on invalid return rates and advise on how to minimise these. Reporting WTR compliance issues to SGHD Health Workforce: Employment & Retention 29 June 2009

FURTHER INFORMATION ON FUTURE NEW DEAL SUPPORT Annex B 1. This note should be read in conjunction with the letter detailing the new arrangements to support the New Deal contract for Junior Doctors in Scotland. 2. The new Central Support Team will operate within the Structure, Remit and Roles at Annex A. The key aim will be to help resolve any local and operational difficulties encountered by either employers or employees in the implementation of New Deal; to collect and report to SGHD on New Deal compliance levels and to support the achievement and maintenance of WTR compliance for doctors in training. 3. The Central Support Team will fulfil all of the requirements of the Terms and Conditions of Service and work with the associated HDLs, PCS, CELs and guidance. 4. NHS Scotland employers are reminded of their obligations in respect of the New Deal contract and the following publications relate to those obligations: Re-banding HDL (2002) 33 TCS paragraph 20 and 22 Monitoring of compliance and non hour standards HDL (2005) 21 HDL (2001)50 HDL (2000) 17 Corrigendum to HDL (2000) 17 HDL (2003) 10 Validation of junior doctor diary cards Participation in New Deal appeals panels CEL (2008) 17 HDL (2000) 17 TCS paragraph 22 HDL (2001) 50 Guidance to request the attendance of a NDSO, June 2006 Dispute resolution via the informal appeals mechanism Corrigendum to HDL (2000) 17 Contract PCS (2001) 3 Living and working conditions HDL (2001) 50 Boards may now wish to consider reviewing where they are against the requirements of the New Deal Contract and the Central Support team are available to assist employers with this.

ADDENDUM Please note that wherever there is reference in any of these documents to the ISG or to regional New Deal support staff, those duties are now undertaken by the Central Team.