CONSULTANT CONTRACT APPEALS PANEL Awareness Session

1. CONSULTANT CONTRACT APPEALS PANELAwareness Session

2. The Appeal Process Stage 1 mediation Stage 2 mediation Formal Appeal

3. Prior to Appeal • Mediation • Every effort will have been made by the consultant and the medical manager to agree a job plan. • Continuing disagreement will lead to mediation 3.4.1 - 3.4.2 of TCS. • Stage 1 - discussion with Divisional Medical Director. • Stage 2 - discussion with Divisional Chief Executive.

4. Appeals • Convened by Chief Exec of NHS Board within 6 weeks of request. • Right of representation • Membership of the panel will be: • One member nominated by the Chief Executive on behalf of the NHS employer, who would act as the chair; • One member nominated by the consultant; • One member appointed from an agreed consultants' appeals panel list. • There is no requirement for any of the members to be a doctor

5. The List • List of independent members agreed between NHS Board and LNC • National list of all Board 3rd member lists to be used where a local list is not available. Where there is an agreed local list it should always be possible to agree a name. • Chief Exec nominates from list after discussion • Consultant has one veto where incompatibility • Nominated in rotation • No appeal panellist can have been involved directly or indirectly in the job plan.

6. Appeals • Can only hear appeals on job plan issues – other issues about the new contract to be raised outside the appeals process • Final and Binding • Status quo pending outcome, except financial outcome which will be backdated to date of notice of appeal

7. Content of Appeals Job Plan Issues: • Offer of P.A.s does not reflect agreed workload; • Allocation of On-call category or unpredictable on-call commitments; • Balance of P.A.s - clinical care, SPAs, additional or external responsibilities; • Disputes on timing, location of duties; • Travelling time

8. Content of Appeals Matters outside the scope of appeal: • Pay protection; • Appeals about seniority and recognition of consultant level experience • Interpretation of the TCS (e.g. prospective cover for Out of Hours) • Appeals based on achieving parity with other consultants

9. Who is on Appeal Panels? • One member nominated by Health Board Chief Exec. May be a Medical Director, Non Executive Director, Senior Executive. Will act as Chair of appeal (no casting vote) • One member nominated by the Consultant. • One member from agreed list - independent • Employer and Consultant nominees will be NHS employees or Board members • Appeal panel can not include legal representatives acting in a professional capacity • Appeal panel members do not act in an advocacy role but expected to judge each case on its merits • Possibly HR Advisor, not taking any active part in the proceedings, for technical advice / support / admin.

10. Appeal Arrangements • Should be held within 6 weeks of appeal notification. • Officer responsible for appeal arrangements from H.R. • Both parties invited to submit written statement of case. • Statements circulated to appeal panel members and other party at least five working days before appeal hearing. • Written evidence not previously circulated can be admitted only at discretion of appeals panel.

11. Who Else is Present at the Appeal • The Appellant - Consultant • The Appellant’s representative who will most likely present case. Legal representation not permitted. • A representative from the Responder (employer) who will present case – probably clinical director, medical director, other senior manager or HR officer • Witnesses from both parties. • HR Advisor and/or a minute secretary.

12. Witnesses • Both Parties may call witnesses during appeal hearing. • Each side’s responsibility to ensure witnesses can attend. • For consultant witnesses may be colleagues, clinical director etc. • The consultant themselves may be called as a witness by representative • For management may be medical director, clinical directors. • Possibly “experts” in field called by either side. • Witnesses only present whilst giving evidence. • Can be questioned by panel members and other party. • Witnesses not normally accompanied.

13. What is the running order? • Chair introduces attendees and explain procedure. • Appellant (or representative) presents case calling any witnesses. • The responder (employer) will ask questions of appellant and any witnesses. • Panel members ask questions of the appellant and any witnesses. • Responder presents case calling any witnesses. • The Appellant (or representative) will ask questions of responder and any witnesses. • Panel members ask questions of the responder and any witnesses.

14. What is the running order?Continued • The responder (employer) will summarise their case if desired. • The appellant (or representative) will summarise their case if desired. Appellant has the right to speak last. • At this point neither party may introduce new information. • Appeal Panel will adjourn to make decision.

15. Decisions • Decision of panel is binding. • No further right of appeal exists. • Majority basis for decision. • If decision agreed during adjournment may be delivered to both parties after appeal hearing if panel has enough information. • Decision is made known to both parties in writing within 10 working days. • Any decision with salary implication backdated to date of notification of appeal.

16. Key Documents for Appeal Panels • The Terms and Conditions of Service (April 2004) Consultant Scotland • Copy of Model Contract • Joint Guidance issued by National Partnership Steering Group. • Copy of Health Board / LNC local agreement. • Written Statements from both parties.

17. Some Final Points • Chair may adjourn to a later date to call for expert advice or further information that would facilitate a fair and full hearing provided both sides agree to adjournment and the expert advice is shared with them in advance of the reconvened hearing. • Either side may seek a short recess during the proceedings. • Group appeals may be made if identical issue being appealed. Would require prior agreement of all parties.