GP employersThe handbook is a valuable tool for GP employers. It explains thestatutory entitlements that a GP employer must provide to itssalaried GPs in order not to fall foul of the law. It also highlightsvarious contractual obligations, including those under the modelsalaried GP contract. The BMA Employer Advisory Service offers free comprehensive,independent and authoritative advice on a huge range ofemployment-related issues exclusively for BMA members.
Areascovered within this service include:—— employment law—— grievance and disciplinary issues—— managing absence—— recruitment—— appraisal—— discrimination—— HR policies—— best HR practice. Our dedicated advisors have in-depth knowledge of local issuesand understand general practice and employer matters relatingto doctors.
The service also includes access to a detailed employmenthandbook and a discretionary contribution towards employmenttribunal damages awards and approved settlements cover at noadditional cost. Sections1, 2 and 5 are relevant to GP employers. It is also recognised by many employers of doctorspractising in other fields. It consists of approximately90 members from across the UK.
There are also national general practitioners committees forEngland, Scotland, Wales and Northern Ireland. As a result ofdevolution the committees negotiate directly with their respectivegovernments on issues effecting general practice in their countries. Salaried GPs can stand for and vote in an election in anyconstituency where they contribute to the LMC levy usually theLMC where they do the majority of their work. It hasbeen in existence since and was previously known as the Nonprincipals subcommittee.
It has grown in strength and has achieveda great deal since its inception. The terms of referenceand constitution of the subcommittee is set out at appendix A. The subcommittee is represented on the main GPC. Local representation4. They are therefore recognised to represent their interests intheir localities to the NHS health authorities.
Scottish LMCs only representlocal GPs on matters relating to their remuneration and conditionsof service. Any such fees are often minimal. It is essential that salaried GPs are represented at a local level. This is often donein conjunction with LMCs. Where constituted, LNCs can representsalaried GPs on general issues relating to the local management. These tend to be a good forum for networkingwith colleagues as well as being supportive and offeringopportunities for educational development.
Contact details for localsalaried groups are available on the BMA website. BMA support to individual membersIndividual expert advice and support on employment contractualmatters is available to BMA members. For salaried GP members this includes an employment contractchecking service as well as advice on their terms and conditionsof service and pension matters arising from the operation of anemployment contract. The BMA also provides representation atgrievance hearings and disciplinary hearings as well as externallybefore employment tribunals and the civil courts.
GP members who are employers can obtain advice on drawing upcontracts of employment for staff, including terms and conditionsof service and pension matters from the BMA employer advisoryservice. They can also receive advice and representation onmatters arising out of the day-to-day operation of the employmentrelationship with staff.
It also includes some suggested initial steps that a salaried GPshould take on being offered a post. All aspects of this chapter are relevant to salaried GPs. Sections1 to 3 are relevant to GP employers. Definition of a salaried GP1. A salaried GP has a contract of employment with their employer acontract of service and, by virtue of being an employee, accruesemployment rights including the right to a regular salary. Moredetails of these rights are set out in chapters 6 to 10 and 12 to Thecontractor benefits from the profits made by the practice, and alsogenerally has the autonomy of deciding how the practice will be run.
The disadvantages though are that the contractor has the burden ofensuring that the practice runs smoothly, including contracting withsuppliers, ensuring adequate premises, and perhaps by employingstaff and so having to pay their wages, etc.
The GP contractor mayalso be liable if the contract is breached. Theadvantages of a partnership are that it can allow additional capitalto be invested in the practice, and it gains the experience from eachpartner.
Alternativebusiness models, such as limited liability partnerships and limitedcompanies, are available too. However, the salaried GP does not have to invest financially in thepractice and generally does not risk being personally liable to anycreditors of the practice.
These appointments may not be a partnershipat all, but could be classified as employment. As employees havespecific statutory rights, it is imperative for GP partners and newrecruits to be clear about what is being offered and to seek earlyadvice from the BMA. These are based on minimum terms and conditions for salaried GPs employed by a GMS practice or primary care organisation with some enhancements specific to the GP retention scheme.
Model contract guidance: Understand the minimum terms and conditions for salaried GPs, how to negotiate salaries and appropriate uplifts, and the process of changing hours of work in light of the extended access DES.
This guidance applies in principle to all four nations of the UK, with some variation in process. Use the model contract for salaried GPs toolkit. This guidance aims to help overcome some of the barriers to engagement between LMCs and sessional GPs. Job planning: Guidance on the job planning process, including specific detailed advice for GPs. What are job plans? Locum practice agreement: Developed by the BMA GPs committee and sessional GPs subcommittee, with the help of BMA Law, this guidance consists of terms and conditions and a work schedule which together form a legal contract that can be used by locum GPs and GP practices for locum engagements.
Read the BMA locum practice agreement. Locum chambers: Answers to some common questions on joining and setting up a locum chambers.
Use the locum chambers toolkit. Rights: Agency Workers Regulations entitle agency workers to equal treatment with directly recruited employees with respect to basic employment conditions, such as pay, holidays, night work, breaks and working hours.
Fees: Our guidance on fees for locum services, to help with your negotiations. Read our guidance for locums and employers.
The scheme is ongoing and has broadened its scope from doctors from the European Economic Area, to doctors from other part of the world where there is some similarity between training programmes. For more information please visit the NHS England website.
This will be available to them through the incorporation of a contract variation, which GP practices have agreed upon request to incorporate into a Salaried GP's contract. Home Pay and contracts Contracts Sessional and locum GP contract guidance A roundup of resources for salaried GPs, locum GPs and their employers, including handbooks, model contracts, advice for negotiations and employment rights.
Location: UK. Audience: GPs. Updated: Monday 13 December
0コメント