ࡱ>  y WbjbjEE '' ZZ  www7wj,III*******$.1*5 " *IIW$,))) fII*) *)): *o*IP@wT"y* *:,0j,* 2F(2*2*()0**")^j, 2Z c:  General practice staff (non-medical) Framework: For a written contract of employment Including notes for those drawing up the Contract of Employment (green pages)  Issued June 1995 Latest revision April 2000 Membership guidance note Notes This Framework for a written contract of employment has been prepared to assist BMA members. The Association accepts no responsibility for any consequences arising from its use by members or otherwise. The document only provides a framework for a contract. When drawing up a contract for their staff, GPs should ensure that the Framework is modified to suit the needs of the practice and/or to reflect the intended contractual agreements between employer and employee. The Framework and notes for those drawing it up apply to the situation in England and Wales. Similar conditions apply in Scotland and Northern Ireland but there are legislative and organisational differences and members may wish to contact the BMAs offices in Aberdeen, Belfast, Edinburgh or Glasgow. Members in the Channel Islands should contact the Winchester office and those in the Isle of Man, the Liverpool office. This document was drawn up by the BMAs National Medical and Regional Services Group and edited and produced by the Communications Centre. Members may also obtain additional advice or clarification from their local BMA office. Please quote your current membership number. Although this Framework is BMA copyright, permission is granted to members to reproduce relevant sections for the production of an appropriate contract for their practice staff. Issued by: British Medical Association8 BMA House Tavistock Square London WC1H 9JP www.bma.org.uk This membership guidance note provides a framework for a written contract of employment for all non-medical general practice staff, including practice nurses. A separate membership guidance note, available from local BMA offices, provides a contract framework for assistants in general practice; advice on contracts for GP registrars can also be obtained from local BMA offices. Please read the Notes to the Framework (green pages)carefully before drawing up a formal contract. It is important to stress that each practice will have its own employment needs. These must be assessed carefully before a formal contract document is prepared and used. A written contract of employment is best provided for all staff on or just before appointment. A specimen Handbook of terms and conditions of service, to which the Framework refers, is also available from local offices (see Introduction para 7). Contents Page Introduction for those drawing up the contract Introduction - 1 Framework for a written contract of employment Contract - 1 Terms and conditions Clause 1 Job title 2 2 Terms and conditions of service 2 3 Date of starting employment 2 4 Continuity of employment 2 5 Period of employment 2 6 Probationary period 3 7 Medical assessment 3 8 Salary and allowances 4 9 Location and duties 4 10 Hours of work 4 11 Extra hours of work 5 12 Leave 5 - annual leave - unpaid leave 13 Bank and public holidays 6 14 Sick leave: notification of absence 7 15 Statutory sick pay (SSP) 7 16 Practice sick pay 7 17 Dependant leave 8 18 Special leave 8 19 Maternity leave and pay 9 Contents Page Clause 20 Parental leave 9 21 Pension 9 22 Professional registration [and indemnity] 10 23 Confidentiality 10 24 Retirement 10 25 Disciplinary and grievance procedures 11 26 Notice of termination of employment 11 27 Personnel policies and working procedures 11 Signatories to this contract 12 Appendix 1: Hours of work Appendix 1-1 Appendix 2: Disciplinary rules and procedure Appendix 2-1 1 Preamble 2-1 2 Seriousness of misconduct or inadequate performance 2-2 3 Gross misconduct 2-2 4 Suspension 2-2 5 Disciplinary procedure 2-3 5.1 Enquiry 5.2 Counselling 5.3 Oral warning 5.4 Written warning 5.5 Final written warning 5.6 Dismissal 5.7 Power to dismiss 5.8 Appeals Appendix 3: Grievance procedure Appendix 3-1 Notes to Framework for those drawing up the contract a) Date of starting employment i b) Continuity of employment i c) Period of employment i d) Probationary period ii e) Salary and allowances ii f) Location and duties iii g) Sick leave: notification of absence iii h) Statutory sick pay (SSP) iv i) Practice sick pay iv j) Special leave iv k) Pension v l) Professional registration [and indemnity] v m) Confidentiality v n) Retirement vi Contents Page o) Disciplinary and grievance procedures vii - suspension - grievance procedure - companions/representatives at disciplinary or grievance hearings p) Notice of termination of employment ix q) Personnel policies and working procedures ix Introduction for those drawing up the contract Contracts and employment legislation 1 The BMA advises that a written contract of employment should be agreed between the parties before an employee commences employment. There is no legal requirement for a written contract but there is a requirement under the Employment Rights Act 1996 for employees to be given a written statement setting out the specific particulars of their employment within two months of commencing employment. If this contract framework is followed it will also satisfy the legal requirements of the Act as to the content of such a written statement and no further statement need be issued. However, a statement of specific particulars in itself is not the same thing as a contract of employment. 2 Both employers and employees should be aware of the provisions of current employment legislation, which give employees certain specific rights relating to, for example, disciplinary matters (including dismissal), redundancy, maternity pay and non-discrimination on grounds of sex, marriage, race, colour and national or ethnic origin or disability. (The most recent of these provisions, the Disability Discrimination Act 1995, made it unlawful to discriminate against persons on the grounds of their current or past disablements, including in the employment field. A disablement is defined as a physical or mental impairment which has a substantial and long-term adverse effect on a persons ability to carry out normal day to day activities. Long-term has been defined for these purposes as being of 12 months duration or more. However, the Act currently applies only to employers who employ 15 or more employees.) BMA members seeking advice on such matters should contact their local BMA office. There are two series of advisory booklets on employment-related matters. The first series is issued by the Advisory, Conciliation and Arbitration Service (ACAS) and is available from ACAS Reader Ltd, PO Box 16, Earl Shilton, Leicester LE9 8ZZ (tel: 01455 852225). It covers, for example, such matters as redundancy handling, staff absence and labour turnover, and discipline at work. A small charge is made for the booklets which may be purchased as a boxed set. The second series, specifically dealing with employment legislation, is produced by the Department of Education & Employment, with some input from the Departments of Social Security and Trade & Industry, and is available free from job centres. It covers, for example, such matters as maternity rights, unfair dismissal, rights to notice and redundancy payments. The practice manager or named partner responsible for staffing matters should obtain both series and keep them up-to-date. 3 Employers should also be aware of the main provisions of the Employment Relations Act 1999. These include: ! increased ordinary maternity leave of 18 weeks for all female employees ! an additional maternity leave period of up to 22 weeks for female employees with only one year s service (rather than two years service for the right to return to work as previously) ! up to 13 weeks unpaid parental leave for adoptive as well as natural parents ! the right to take time off to deal with emergencies involving employees dependants ! provisions preventing discrimination against part-time workers ! raising the limit on compensatory awards for unfair dismissal to 50,000 ! prohibition of waivers of unfair dismissal rights in fixed-term contracts ! the right for workers to be accompanied at disciplinary or grievance hearings ! prohibition of  black-listing terms or other discrimination owing to trades union membership ! a statutory procedure for individuals to obtain recognition for trades unions by employers where there is clear support for this and 21 or more workers work for the employer ! extension of protection against dismissal for those taking lawfully organised industrial action The length of continuous service threshold for claiming unfair dismissal on general grounds has also been lowered from two years to one year. (NB in many instances, however, the right to claim unfair dismissal exists from the start of employment, eg where dismissal occurs on maternity related grounds or owing to trades union membership or activities.) Staff in local BMA offices will be able to offer advice on the detailed provisions of the Act and the Statutory Regulations which have introduced some of its changes. There has also been other new legislation affecting the employer/employee relationship, including the 1998 Working Time Regulations and the Public Interest Disclosure Act 1998. Again, staff in BMA local offices will be able to offer advice on the effects of this legislation. Where appropriate, new material has been included in this contract framework and its accompanying Handbook of terms and conditions of service, as a result of these legislative changes. Drafting of contracts 4 BMA members can obtain confidential advice from the BMAs local office staff on the drafting of contracts particularly if material alterations to the Framework are contemplated. 5 In this Framework frequent reference is made to the practice manager/named partner. Most general practice staff would agree such matters as extra hours (clause 11) or leave (clause12) with the practice manager but issues affecting the practice managers own changes to hours of work etc should be agreed with a named partner. The practice managers own contract should reflect this. This Framework is double spaced to provide a working document. Presentation is important: the final document, drafted from the Framework, should be prepared so as to remain clear and easy to follow. Handbook of terms and conditions of service 7 A contract should be issued to all staff with a Handbook of terms and conditions of service for general practice staff, to which the Framework refers. Those drawing up a contract should take particular care to ensure that cross references to the Handbook are correct. It should be reviewed from time to time to keep it up-to-date and the practice may wish to introduce a staff consultation procedure for changes. A specimen Handbook is available to members from local BMA offices. Making staff appointments subject to a Handbook as set out in clause 2 of the Framework, will render the Handbook contractually binding, where relevant, upon both employer and employee. Existing staff 8 Clearly members using the Framework or drafting contracts for the first time, for issue to existing staff, will need to reflect existing agreements in any new documents, unless staff agree to changes being made. Suggestions 9 The authors are happy to receive comments or suggestions about the Framework for future editions; these can be made to your local BMA office. It is very important to read the Notes to Framework (green pages i-ix) before drawing up a formal contract. Framework for a written contract of employment Note for those drawing up the contract of employment and appendices * or [ ] indicates a note, information needed to complete the contract, an alternative to be deleted, or a section which may not be appropriate for all staff in all circumstances, egmaternity leave clause. { } draws your attention to the Notes at the back of this Framework.  General practice staff (except employed medical staff) This agreement sets out particulars of the terms and conditions of employment agreed between: [Insert names of all partners] (the partners) Address: [ ] and you: Name: [ insert employees name ] Address: [ ] on: [ insert date ] Appendix 1 sets out your hours of work. Appendices 2 and 3 contain information on the practice disciplinary and grievance procedures, state whom you should contact if you wish to appeal against a disciplinary decision or raise a grievance, and the subsequent steps to be followed in these procedures. Terms and conditions 1 Job title Your job title is [ ]. 2 Terms and conditions of service {see Introduction} Your appointment is subject to the enclosed Handbook of terms and conditions of service as amended from time to time. 3 Date of starting employment {see note a} Your employment with us/me* will begin on [ ]. 4 Continuity of employment {see note b} Your period of continuous employment commences on [ ] and your previous employment with [ ] does/does not* count as part of this. 5 Period of employment The appointment is until you reach retirement age (see clause 24 of the Framework) or until either party gives notice. or {see note c} This employment is not intended to be permanent, but is expected to continue for [state period of time]. or exceptionally {see note c} This employment is for a fixed term of [ state period ]. It will therefore terminate on [ insert date ]. 6 Probationary period* {see note d} This contract will be subject to an initial probationary period of [3]* months. During the probationary period, your suitability for continued employment in the practice will be assessed and your employment may be terminated at any time at one weeks notice. Both your performance in the post and your conduct in it will be reviewed on a regular basis during this period. Prior to its conclusion, you will be interviewed as part of a final assessment process. A decision will then be made as to whether your employment with the practice will continue. As part of this decision, the probationary period may be extended for a further, specified period at the discretion of the practice. If you are dissatisfied with a final assessment decision which leads to the probationary period being extended or your dismissal for any reason you may appeal to [ another named partner ] whose decision will be final. The person responsible for this assessment process will be the practice manager/ [ named partner ]*. Except in relation to the gross misconduct provisions the practice disciplinary procedure will not apply to you during your probationary period. 7 Medical assessment The appointment is subject to a satisfactory medical assessment which may include a medical examination. You may also be required to submit to an examination by a medical practitioner nominated by the practice at any time when reasonably required to do so. Unreasonable failure to attend for such examination will be grounds for a disciplinary investigation, which may lead to your dismissal on the grounds of gross misconduct, as will an unreasonable failure to consent to the release of your medical records to the nominated medical practitioner if such records are reasonably required by him or her. 8 Salary and allowances {see note e} Your salary will be [ ] per annum paid monthly. You will be paid by cheque/[ bank or building society transfer ]* monthly in arrears normally on the last [ state day of week ] of each month. Payment will be [ within the scale ] [ at the salary ]* payable for this post [ ]. [ A salary review will take place on [1April] each year. ]* 9 Location and duties {see note f} The practice has surgery premises at [X Y and Z]. Your main base will be Surgery [X] but you may be required to work at the other surgeries. /You will be required to work at Surgeries [X] and [Y] but may be required to work at Surgery [Z]. /You will be required to work at all the surgeries*. Your current duties are set out in the job description provided. These details may be changed with your agreement which should not be unreasonably withheld. 10 Hours of work Your hours of work will be [ ] per week. The daily arrangement of these hours is set out in Appendix 1 to this contract, and includes agreed rostered arrangements for weekend surgeries as well as those for bank and public holidays. Hours worked on Saturdays or Sundays will be paid at [ one and a half times ] your current hourly rate or time off in lieu may be granted with your agreement. The arrangement of your hours may be varied from time to time, subject to your agreement, which should not be unreasonably withheld. Any changes will be confirmed in writing. Paragraph 42 of the Handbook of terms and conditions of service gives details of the provisions of the Working Time Regulations as to hours of work and rest periods. 11 Extra hours of work You may be required occasionally to work extra hours to cover the absence of colleagues, arising from holiday, sickness or other causes. Such extra hours will be paid at your current hourly rate, [ unless they are weekend hours paid for at the higher rate set out in clause 10 above ]. Alternatively, time off in lieu may be granted with your agreement. All such time off must be at times to be agreed with the practice manager/[ named partner ]* beforehand. 12 Leave 12.1 Annual leave Your leave year commences on [ 1April ]. You are entitled to [ ] days paid annual leave excluding bank and public holidays, which must be taken within the leave year. After [ ] years service an extra [ ] days leave will be granted. [ Leave periods between 1 June and 30 September should normally be no more than 10 consecutive working days (ie days on which you would normally work). If you wish to take more annual leave than this during this period, you should submit a written application to the practice manager/[ named partner ]* giving your reasons. ]* Accrual of annual leave during sickness and maternity and periods of unpaid leave are dealt with under the appropriate clauses. To ensure that adequate cover is available [4 weeks] notice must be given of your intention to take annual leave. You are required to discuss the proposed dates with the practice manager/[named partner ]* and have them agreed. They must be agreed before booking your holidays. Following appointment, and during the year of leaving, leave entitlement will be calculated on a pro rata basis, according to the number of complete months/[ weeks ]* service accrued. If you have exceeded your leave entitlement at the date of your leaving the practice, for whatever reason, the partners will deduct a sum equivalent to the salary paid in respect of such excess leave from your final salary payment. Paragraph 42 of the Handbook of terms and conditions of service gives details of the provisions of the Working Time Regulations as to minimum entitlements to paid annual leave. 12.2 Unpaid leave Unpaid leave, other than for parental, dependant or maternity purposes is normally granted only when the employee has exhausted his or her annual leave entitlement. This type of leave is discretionary and permission from the practice manager/[ named partner ]* must be obtained before it is taken. Unpaid leave may be granted only in exceptional circumstances if and when the needs of the practice allow. 13 Bank and public holidays Subject to the provisions of this paragraph, you are entitled to the following bank and public holidays if they are days on which you would normally work: New Years Day, Good Friday, Easter Monday, May Bank Holiday, Spring Bank Holiday, August Bank Holiday, Christmas Day and Boxing Day and any public holidays proclaimed from time to time. If you work on a bank or public holiday you will be entitled to a day off in lieu. 14 Sick leave: notification of absence {see note g} Notification of absence owing to sickness must be made to the practice manager/ [ named partner ]* as early as possible on the first day of sickness. Sick pay may be withheld in the event of late notification. If the absence continues for four calendar days, a self certificate form SC2 must be submitted to the practice manager/[ named partner ]* so that SSP can be claimed. After seven days absence a doctors certificate must be submitted. If while on holiday you are ill for more than seven days and a doctors certificate is obtained, you may be eligible for further paid leave. 15 Statutory sick pay (SSP) {see note h} If you are entitled to SSP, this will be paid to you by the partners at the appropriate rate for the agreed qualifying days. These will be days on which you would normally work. A current copy of the SSP scheme is available in the practice managers office. 16 Practice sick pay {see note i} You will be entitled, subject to length of service, and to proper notification by you, to the following periods of pay during sick leave in any 12-month period: During the first year of service:1 months full pay, and (after completing 4 months service) 1 months half pay.During the second year of service:2 months full pay and 2 months half pay.During the third year of service and thereafter:3 months full pay and 3 months half pay. These payments incorporate entitlements under SSP. If you claim: a) state injury or incapacity benefit or any other similar benefit which replaces these benefits b) benefits arising under an insurance policy, including an income protection policy, motor or accident policy c) compensation or ex-gratia payment or voluntary payment for loss of earnings in respect of any injury or absence from work for which you received sick pay for the same period you must i) as soon as possible inform the practice of the claim and its outcome ii) within seven days of receipt of any monies arising out of such a claim refund to the practice the sick pay received (less any statutory sick pay) save that where the money received is less than the practice sick pay (less statutory sick pay) the refund will be restricted to the money received. 17 Dependant leave Details of your statutory entitlements to dependant leave are contained in paragraph 8 of the accompanying Handbook of terms and conditions of service. 18 Special leave* {see note j} Special leave [ with/without ]* pay may be taken at the discretion of the partners, within the provisions of paragraph 16.3 of the Handbook of terms and conditions of service. 19 Maternity leave and pay* Your maternity rights are those set down in current legislation. Further important details and contractual requirements are given in the accompanying Handbook of terms and conditions of service. Legislation provides that notices to be given by employees relating to maternity leave should be given in writing if the employer so requests. It is a contractual requirement to produce all such notices to the practice in writing. Also, you are hereby required to produce to the practice a certificate from your doctor or midwife giving the expected week of confinement at least 21 days before you wish to start your leave. 20 Parental leave Details of your statutory entitlements to parental leave are contained in paragraph 24 of the accompanying Handbook of terms and conditions of service. 21 Pension* {see note k} This appointment is pensionable under the NHS pension scheme as it applies to NHS GP practice staff, unless you opt out of the scheme or are ineligible to join. Your pensionable salary will be subject to deduction of pension contributions in accordance with the provisions of the scheme. Details of the scheme are provided in the Scheme Guide which is available from the practice manager/[ named partner ]* on request. Either [ This appointment is contracted out of the State Earnings Related Pension Scheme (SERPS) and a contracting out certificate is in force. ] or [ You have opted out of the NHS pension scheme. There are no alternative pension arrangements/the alternative pension arrangements are [ ]* . You are/are not contracted out of SERPS ]* [and a contracting out certificate is/is not in force]*. 22 Professional registration [ and indemnity ]* {see note l} Continuation of your contract of employment is dependent upon you effecting and maintaining full registration with your professional regulatory body throughout the period of your employment [ and to maintain acceptable insurance cover for professional indemnity purposes ]. Further details are given in the Handbook of terms and conditions of service. 23 Confidentiality {see note m} Subject to your statutory rights and duties, you are required to preserve the confidentiality of the affairs of the partners, their staff (in connection with their employment), their patients and of all other matters connected with the practice and this obligation shall continue even after the contract of employment has ended. A breach of this requirement will be regarded as gross misconduct and as such will be grounds for dismissal, subject to the provisions of the disciplinary procedure. Further details are given in the Handbook of terms and conditions of service and paragraphs 20.1 and 20.2 of the Handbook on access to records are also relevant. 24 Retirement {see note n} The retirement age for this employment is [ ]years and applies to all staff employed by the practice. 25 Disciplinary and grievance procedures {see note o} These procedures are attached as Appendices 2 and 3. 26 Notice of termination of employment {see note p} You are entitled to receive in writing one weeks notice of termination increasing to two after two years service. Thereafter your notice entitlement will increase by one week for each additional completed year of service, up to a maximum of 12 weeks. [ You are required to give the same minimum period of notice in writing. ] These arrangements shall not prevent either party waiving his/her rights to notice on any occasion, or accepting payment in lieu of it, or treating the contract as terminable without notice, by reason of such conduct by the other party as enables him/her so to treat it at law. 27 Personnel policies and working procedures {see note q} Currently the following personnel policies and working procedures apply in this practice: [ list policies/procedures ] and can be seen on request to the practice manager. Signatories to this contract I hereby offer an appointment in accordance with the terms and conditions and rules and procedures specified in this document. Signed For the partners Date I hereby accept the appointment in accordance with the terms and conditions specified in this Contract of employment and the Handbook of terms and conditions of service as amended from time to time by the partners and notified to me in writing. Signed Date Appendix 1 (Clause 10 refers) Hours of work 1 The agreed daily arrangement of your hours of work is as follows:  AM PM Monday   Tuesday   Wednesday   Thursday   Friday   Saturday   Sunday   2 You will be required to be on duty at Saturday/Sunday surgeries on a one in [ state rota ] basis. on [ state number of days ] bank and public holidays per calendar year. Note: The apportionment of these duties will be arranged by the practice manager at the beginning of each calendar year to ensure their fair distribution and incidence among the staff. Note to those drawing up the Appendix If rosters are to be posted by the practice manager, a note to this effect could be included in this Appendix. Appendix 2 (Clause 25 refers) Disciplinary rules and procedure Preamble 1.1 Rules and procedures are necessary for promoting fairness and order in the treatment of individuals in matters of discipline and assist a practice to operate effectively. Rules set standards of conduct and performance at work; procedures help to ensure that the standards are adhered to and also provide a fair method of dealing with alleged failures to observe them. The practice rules, which you are required to observe, are set out in the written contract of employment including the personnel policies and working procedures referred to in clause 27, and in the accompanying Handbook of terms and conditions of service. 1.2 This disciplinary procedure is not primarily a means of imposing sanctions. It is designed to emphasise the need for and to encourage improvements in individual conduct and performance. 1.3 In all disciplinary and appeal hearings, staff have the right to be accompanied by a friend, colleague or representative, not acting in a legal capacity. The companion or representative will have the right to confer with you during any hearing and to ask questions and to help you generally to present your case, including addressing the hearing. However, s/he will not have the right to answer questions on your behalf. Seriousness of misconduct or inadequate performance 2 There are varying degrees of seriousness of misconduct or inadequate performance, so the sanctions outlined below (including dismissal) may be administered after any hearing, depending on the seriousness of the matter in question. Gross misconduct 3 Gross misconduct could justify summary dismissal. Examples of gross misconduct are: breaches of confidentiality; theft; fraud; deliberate falsification of records; fighting; assault on another person; deliberate damage to property; serious incapability through alcohol or being under the influence of illegal drugs; abuse of medicines; serious negligence which causes unacceptable loss, damage or injury, or gross act of insubordination. This list is not exhaustive. Suspension 4.1 Staff alleged to have committed gross misconduct will normally be suspended from work on full pay, initially for no more than [five ] working days and subject to review, while the practice investigates the alleged offence. If the allegations appear to be substantiated or are admitted, disciplinary proceedings against the member of staff concerned will be commenced and summary dismissal may be the result. 4.2 Suspension on full pay may also be used where appropriate in other circumstances, eg on health grounds for the protection of staff, patients or public or for less serious disciplinary matters than alleged gross misconduct, where the nature of the complaint is such that investigations could be hindered or compromised by the continuing presence of the member of staff concerned. 4.3 You may therefore be suspended by written notice with full pay during all or part of any such investigation. During such period you may not attend any premises of the practice except with the consent of the practice manager/[ named partner ]* at a mutually agreed time and date. 4.4 Suspension is not a disciplinary sanction. The reason for, and length of, suspension will always be confirmed in writing to the member of staff concerned. The partner to whom the power of suspension has been delegated is [ Dr /the partner responsible for staffing matters ]*. However, in the case of exceptional need, any partner may exercise the power of suspension. Disciplinary procedure The following disciplinary procedure will apply: 5.1 Enquiry: You will always be informed of the complaints against you and be given an opportunity to provide an explanation before a decision is reached on whether or not to take matters further. 5.2 Counselling: If your conduct or performance at work are causing concern without satisfactory explanation, you may be asked to attend to discuss the matter in more detail with the practice manager/[ named partner responsible for staffing matters ]*. It is hoped that this counselling will resolve any possible difficulties and lead to the required improvement. Counselling and informal reprimands are means of avoiding recourse to the sanctions available under the disciplinary procedure and do not form part of it. 5.3 Oral warning: If, following enquiry/counselling, there is continued cause for concern, there will be a further, formal meeting. You will be given adequate written notice of the meeting which will take the form of a disciplinary hearing and the allegations against you will be clearly set out in writing. You will be able to reply to the allegations during the hearing and to ask questions. If, following this, disciplinary action is deemed appropriate, an oral warning will be given and confirmed to you in writing. The nature of the misconduct or inadequate performance will be stated and the nature of the disciplinary action taken will be specified. The likely consequences of further misconduct or failures will be indicated, along with the period of time given for improvement. An oral warning will be deemed to have lapsed after three months, subject to continued satisfactory conduct and/or performance. 5.4 Written warning: If, following enquiry/oral warning there is continued cause for concern, a disciplinary hearing will be convened on the same basis as before. A warning given after a hearing at this stage will be a formal written warning. The likely consequences of further misconduct or failures will be indicated, along with a period of time given for improvement. A formal written warning will be deemed to have lapsed after six months subject to continued satisfactory conduct and/or performance. 5.5 Final written warning: If, following enquiry/formal written warning, there is continued cause for concern, a disciplinary hearing will be convened on the same basis as before. A warning given after a hearing at this stage will be a final written warning. If there is no improvement [ within a given period ], it may result in your dismissal. A final written warning will be deemed to have lapsed after one year, subject to continued satisfactory conduct and/or performance. It will include the identity of the partner to whom you may appeal under paragraph 5.8 below. 5.6 Dismissal: If there is no improvement, you may then be dismissed following a further hearing convened on the same basis as before. 5.7 Power to dismiss: The person with the power to dismiss you is Dr [ ], who has been delegated this power by the other partners. A notice of dismissal will include the identity of the partner or partners to whom you may appeal under paragraph 5.8 below. 5.8 Appeals: An appeal may always be made against a final written warning or dismissal. Full written reasons for appeal must be submitted in writing within 14 days of the receipt of the warning or a letter informing you of your dismissal. [ Where circumstances permit, an appeal will be to the partner or partners not previously involved in the case. ] Date: [ ] Appendix 3 (Clause 25 refers) Grievance procedure 1 Minor grievances relating to your employment should initially be raised orally with the practice manager/[ named partner ]*. If the practice manager/[ named partner ]* is involved in the grievance you should approach [ named partner ]. 2 Serious grievances must be submitted in writing. A meeting will be held between you and the practice manager/[ named partner ]*. If the practice manager/[named partner]* is involved in the grievance, you should approach [ named partner ]. 3 The grievance meeting will be held as soon as possible and normally within one week of the grievance being received. 4 Where the grievance is not resolved at this stage you will be entitled to have your grievance heard by the partnership as a whole. Its decision in the matter will be final. 5 Members of staff may be accompanied by a friend, colleague or representative not acting in a legal capacity at any hearing constituted under this procedure. The companion or representative will have the right to confer with you during any hearing and to ask questions and to help you generally to present your case, including addressing the hearing. However, s/he will not have the right to answer questions on your behalf. Date: [ ] Notes to Framework These Notes are for those drawing up the contract and should not be appended to the contract offered to staff member(s). a) Date of starting employment (Clause 3 of Framework refers) It is important to record the date of starting employment as the employees contractual and statutory employment rights will accrue from this date. See also note (b) below. b) Continuity of employment (Clause 4 of Framework refers) Employees statutory employment rights (eg not to be unfairly dismissed) and contractual rights (eg to a certain amount of pay during sick leave) are often determined by their length of service with a particular employer. It is therefore important to define the start of the period of continuous service by which such benefits are reckoned. The date of starting employment in a particular post (see clause 3) and that of the start of continuous employment with the employer may not necessarily be the same. For instance, employees who are promoted or who otherwise move between posts in the same practice will be in this position. Starting the new post will not affect their accrued statutory rights; contractual rights will be affected only if the new post carries more or less favourable terms and conditions of service in itself. Service with other employers (including NHS employers) is, for obvious reasons, specifically excluded by the clause. However, in the event of partnership changes, including mergers and de-mergers, existing employees enjoy legal protection of their previously accrued employment rights on transfer to the new employer, under the Transfer of Undertakings (Protection of Employees) Regulations 1981 and the EC Acquired Rights Directive 1977. Advice on these and related matters should be obtained from local BMA offices, particularly where redundancies may be contemplated as a result of such major changes. c) Period of employment (Clause 5 of Framework refers) In exceptional circumstances, where the employment is not intended to be permanent, eg where the post is providing cover for maternity leave or a specific project is being undertaken by the practice, then either of the alternative wordings set out in the Framework could be included. If the contract is for a fixed term, the date on which it is to end must be stated. Generally, however, the BMA is opposed to the use of short-term employment contracts for general practice staff. Association staff will advise on the implementation and use of such contracts only in exceptional circumstances such as those noted above. BMA members may obtain further information on this policy from their local BMA office. It is now illegal to include a waiver of unfair dismissal rights in relevant fixed-term contracts (ie those lasting for one year or more). Waivers of rights to statutory redundancy payments are however, still permitted, though the Association does not recommend the use of such waivers in general terms. d) Probationary period (Clause 6 of Framework refers) Opinions differ about the value of probationary periods and some employers object to them in principle. However, if they are managed properly, they can be of great help, both to the new employee in settling in and understanding what is required of them in their job, and to the employer in being able to assess the worth of the employee in the course of his or her work. The [ practice manager/named partner/supervisor of the employee ]* should have charge of the administration and running of the probationary period and should decide on suitable timings for the reviews with the employee. A record should be kept of the employees progress and an opportunity given at each review for the employee to respond to any criticisms which have been made. Some practices also make provision during the probationary period for the new employee to be attached to an experienced colleague with whom they can raise routine questions without embarrassment and who can provide them with ongoing guidance. Should it appear at a review that the employee needs to improve in any respect he or she should be told clearly what is required and given an appropriate period in which to achieve specific and reasonable objectives, usually prior to the next review. Records should be kept of all reviews and copies of these given to the employee. It should be made clear that such formal guidance will be in addition to any informal communications and guidance given during the course of the employees day to day duties. Assessment of the employees continuing performance should not cease when the probationary period ends, but should continue under the auspices of the practices staff appraisal scheme. Probationary periods must not be viewed as a means of avoiding the use of the disciplinary procedure where this appears to be warranted by potential gross misconduct when the question of potential dismissal arises. Nor should they be included in contracts when the practice does not seriously intend to use them in ways similar to that described above, as this is likely to demonstrate to employees that setting high standards of work is not important to their employers. Employees with less than the statutory one years service to be able to claim unfair dismissal on general grounds may still be able to make a complaint of breach of contract in the employment tribunals if the disciplinary procedure (when operative under the terms of the contract) is not followed prior to dismissal. e) Salary and allowances (Clause 8 of Framework refers) GPs should consider carefully before committing themselves to paying Whitley Council pay rates and grades, the future of which, in any event, is uncertain. Many health authorities use these rates, though not generous in themselves, as maxima for reimbursement purposes and, increasingly are refusing to agree reimbursement of Whitley incremental and cost of living rises as they occur. Whatever rules health authorities attempt to set, GPs should note that practice staff pay included in the transitional arrangements from the former ancillary staff scheme must continue to be reimbursed at the 70% level. For those in the present practice staff scheme, the percentage of reimbursement may vary, but the BMAs policy is that the 70% reimbursement level should be maintained. However, under the Statement of fees and allowances, all eligible contractual remuneration, including incremental progression and cost of living awards, must be included in the total on which reimbursement is based from time to time. This is the case whatever local arrangements have been made for the allocation and administration of practice staff budgets. BMA members experiencing difficulty in achieving proper reimbursement by their health authorities should contact their local BMA office for advice. It is for the practice to decide whether there should be a regular cost of living review of salary and the mechanism for this review. This decision should be taken in the light of the practice budget agreed with the health authority, in line with the reimbursement rules set out in the Statement of fees and allowances, and taking account of the arrangements which already exist, particularly if contractual commitments have been made with staff or can be implied. f) Location and duties (Clause 9 of Framework refers) Consideration should be given, where appropriate, to a flexibly-worded clause which enables the employer to require the employee to attend for work in various locations when reasonably required to do so, even if that is not his/her normal place of work. A job description should be drawn up detailing the following: ! job title ! grade ! education/qualifications required ! location ! to whom member of staff is accountable ! staff managed ! special equipment for which s/he is responsible ! list of main duties ! a general requirement to cover any other duties reasonably requested. This should be attached to the contract. g) Sick leave: notification of absence (Clause 14 of Framework refers) GPs should consider how best to manage and monitor sickness absence among their staff, and may wish to introduce a simple policy to achieve this. An example policy can be found in the advisory booklet issued by the Advisory, Conciliation and Arbitration Service (ACAS) entitled Absence and labour turnover. Copies of this booklet and others in the same series are available from ACAS at a reasonable charge. (See paragraph 2 of the Introduction for details of where to obtain these.) It is important, however, that in implementing such a policy, GP employers with 15 or more employees ensure that they avoid discriminating unlawfully against those employees on grounds of disability. This is as important when dealing with repeated short-term absence as with long-term absence. If the possibility of dismissal owing to ill health arises, whether or not the employee concerned suffers from a disability as defined under the Disability Discrimination Act, BMA members should always contact their local BMA office for advice prior to dismissal. Further advice and information about disability discrimination or other unlawful forms of discrimination may be obtained by BMA members from their local BMA office. h) Statutory sick pay (SSP) (Clause 15 of Framework refers) If the employee is sick, s/he may be legally entitled to SSP for 28 weeks absence in any spell or series of spells of sickness. Spells separated by a period of eight weeks or less count as one. SSP paid by the practice may sometimes be reclaimed from the State. SSP can either be supplemented so that, during sickness, payment is made in accordance with the practice sick pay scheme set out in the contract, or, when the time limits in the scheme are exhausted, be paid directly during the remaining period of entitlement to SSP. For example, if SSP or State Incapacity Benefit (see below) is less than the basic rate of pay, the practice sick pay scheme will supplement SSP to make it equal to basic earnings for the period of entitlement to full pay. If SSP or State Incapacity Benefit pays less than half the basic rate of pay, the practice sick pay scheme will supplement SSP to make it equal to half of the basic rate of pay for the period of entitlement to half pay. An employee absent from work for compassionate reasons who is not incapable of work, will not be entitled to SSP. If SSP ends while the employee is still sick (after 28 weeks) s/he should obtain form SSP1 to apply for State Incapacity Benefit. Form SSP1 can be obtained from the local Inland Revenue (NI Contributions) office. The practice manager should obtain supplies of this form to make available to employees when necessary. The practice should obtain a copy of the SSP scheme and ensure that this is kept up-to-date and always available for reference. Copies of The employers guide to the scheme (CA30) are available from local Inland Revenue (NI Contributions) offices. i) Practice sick pay (Clause 16 of Framework refers) Pay during periods of sick leave is related to length of service. Details of a suggested practice sick pay scheme are in the Framework contract. You may wish to consider a more generous scheme. j) Special leave (Clause 18 of Framework refers) The circumstances in which special leave, with or without pay, may be granted, are set out in paragraph 16.3 of the Handbook of terms and conditions of service. The granting of leave is intended to be at the partners discretion. This discretion must be fairly applied between staff. Care should be taken to avoid unlawful discrimination on grounds of sex, marriage, race or ethnic origin and disability when deciding on applications for leave. In particular, no differentiation should be made between part-time and full-time staff, to avoid claims of indirect sex discrimination. It is also now unlawful to discriminate against part-time workers because of their part-time status. These considerations also apply to the ways in which the employer makes access available to benefits, including opportunities for promotion and training. k) Pension (Clause 21 of Framework refers) Anyone employed under a contract of employment by the practice, whether full-time or part-time, to assist a general practitioner in providing general or personal medical services, is entitled to join the NHS pension scheme. This includes employees who do not have direct patient contact, such as cleaners and gardeners. All practices should ensure that they have an up-to-date copy of the NHS Pensions Agencys publication A guide to administering the NHS pension scheme for GP practices. This is available from the NHS Pensions Agency for England and Wales, Hesketh House, 200-220 Broadway, Fleetwood, Lancashire FY7 8LG (Switchboard 01253 774774). Staff must be taken into the NHS scheme unless they sign an opting out form. This is likely to be rare, but an alternative clause has been included to cover this. Practice staff members who decided not to join the NHS pension scheme after it became available from 1 September 1997 will have had a contractual right to continue with their existing pension arrangements, regardless of whether the GP employer thereby continued to incur costs as a result. For staff who took this option, there was therefore no need to amend existing contractual agreements on pensions. New staff joining the practice may wish to take independent financial advice in respect of what action to take concerning their existing pension arrangements. l) Professional registration [and indemnity] (Clause 22 of Framework refers) This clause should be included only for professional staff and it is for the partners to decide whether they wish to require these staff to have professional indemnity and whether they as employers will meet the attendant costs. m) Confidentiality (Clause 23 of Framework refers) The Public Interest Disclosure Act 1998 gives workers (a wider category than just employees) certain protections where in limited circumstances they disclose otherwise confidential information either within or outside their employers organisation. It is unlawful to dismiss a worker or otherwise subject him or her to a detriment as a result of any protected disclosure. A disclosure must be a qualifying disclosure under the Act. This means a disclosure which the worker reasonably believes tends to show one (or more) of the following circumstances: ! that a criminal offence has been, is being, or is likely to be, committed ! that a person has failed, is failing, or is likely to fail to comply with a legal obligation on him or her ! that a miscarriage of justice has, is, or is likely to have occurred that the health and safety of an individual has been, is being or is likely to be endangered ! that the environment has been, is being, or is likely to be damaged, or ! that information tending to show that any such matter as above has been, is being or is likely to be, deliberately concealed. Disclosures are not protected if they amount to a criminal offence or a breach of professional legal privilege. A disclosure will also only qualify for protection if it is made in one of the following ways: ! by disclosing the information to an employer or other person who has relevant legal responsibility ! by disclosing the information in the course of taking legal advice ! where a worker s employer is appointed under statute by a minister of the Crown, by disclosing in good faith to a minister of the Crown ! by disclosing in good faith to a prescribed person designated by the Secretary of State to deal with certain matters (eg the Charity Commissioners, Data Protection Registrar, Health and Safety Executive etc) ! by disclosing to other than the above persons in circumstances where, eg victimisation by an employer is feared or where destruction or concealment of evidence is feared (there are also other criteria which apply). Disclosures must be made in good faith, be reasonably believed by the worker to be substantially true, and must not be made for the purposes of personal gain ! by disclosing exceptionally serious matters in circumstances which justify bypassing the above procedures. In addition to the requirements of good faith etc, it must also be shown that the matter is of an exceptionally serious nature and that in all the circumstances the disclosure is reasonable. GPs themselves also have protection under the Act within the limits described. BMA members may obtain further advice on the application of the Public Disclosure Interest Act from BMA local offices. n) Retirement (Clause 24 of Framework refers) No staff should be employed beyond normal retirement age in the practice without reference to the local BMA office for advice. Advice should be taken in good time before the normal retirement age is achieved. Similarly, advice should be taken if the normal retirement age is not clear. Arrangements agreed should be made clear to all staff. GPs should avoid the following: ! enforcing differential retirement ages within the same group of staff (particularly for men and women), which would amount to unfair dismissal and/or unlawful sex discrimination. Different retirement ages for full and part-time employees could also lead to claims of unlawful indirect sex discrimination or of unlawful discrimination against part-time workers ! unilaterally reducing a retirement age previously agreed with staff. This applies as much to a deemed retirement age of 65 years as to those which are specified in contracts of employment or associated documentation. Such caution needs to be exercised as much when introducing a specified retirement age for the first time as when considering the alteration of an existing retirement age ! issuing contracts to staff which set a retirement age of, say, 60, which is then ignored in practice ! issuing contracts to staff which set a retirement age of, say, 60, but which make specific provision for staff to continue on a series of short-term contracts or annual renewals at the doctors discretion. In the last two of these examples, it may be concluded that there is no normal retiring age, in which case this will be deemed (according to law) to be 65 years. This is also the case where there has been no attempt to set a retirement age at all. In all of these circumstances, GP employers may expect claims of unfair dismissal and/or unlawful sex discrimination if they enforce retirement at an earlier age than is normal in the practice. This is a complex area in which the law may continue to change and BMA members should contact their local office for advice. o) Disciplinary and grievance procedures (Clause 25 and Appendix 2 and 3 to Framework refer) All partners should be aware of the procedures and consulted on their preparation. It would be wise to ask the local BMA office staff to comment on the draft(s). The disciplinary and grievance procedures appended to the Framework have in effect been incorporated into the contract. If adopted in this way in individual contracts, the partners would be legally bound to use the procedures as set out. It is therefore important that the procedure should be used for all staff to whom they apply contractually (NB they do not apply to staff in their probationary periods with the practice, except in the case of alleged gross misconduct). They should not just be applied to those staff who have acquired full employment protection rights because they have more than one years service. A member of staff who did not have these full rights (including the right to claim unfair dismissal) and to whom the disciplinary procedures contractually applied could, nevertheless, make a claim of breach of contract if the procedures had not been used or had not been followed correctly. It is good practice, in any event, to deal with all disciplinary problems in a procedurally fair and reasonable way, regardless of the employees status or length of service. Please refer to clause 6 in relation to disciplinary procedures and probationary periods. Suspension (Appendix 2 refers). Suspension can assist the employer to deal with a case of alleged gross misconduct in a consistent way. It indicates the seriousness with which the employer views the allegations. This is vital if, after a disciplinary investigation and hearing, the employee is then dismissed. If the circumstances indicate an outcome other than dismissal, eg exoneration or a less serious sanction, the suspension will have been without prejudice to the employees ability to return to work. It may also need to be considered for some other reason when a member of staff needs to be removed from the premises immediately for a short period to protect his or her interests or those of patients or other staff. This gives time for the facts to be established without possible further difficulty caused by the continued presence of the member of staff concerned. Suspension is not a disciplinary sanction and should not be treated as such. 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This must be clearly explained to the employee at the time and confirmed in writing, stating: the effective date and period; that the suspension will be on full pay, including any regular overtime if appropriate; the reasons for the suspension, and that, if necessary, a full investigation will follow to determine whether disciplinary procedures are necessary. When necessary, a period of suspension can be renewed. It is important that the members of staff know who has the authority to suspend, dismiss or take any disciplinary action and this should be an integral part of the procedures. A useful booklet is available from ACAS called Discipline at work which incorporates the ACAS code of practice on disciplinary procedures, general advice and model letters for use in disciplinary proceedings. Grievance procedure (Appendix 3 refers). Staff should be given the option of approaching either the practice manager or partner primarily responsible for staffing matters as the grievance might be about one of them; similarly the practice manager should be given the option of approaching this partner or another named partner. You should select the appropriate option for the member of staff whose contract you are compiling. Companions/representatives at disciplinary or grievance hearings. It is expected that in the near future, the Government will give effect to that part of the Employment Relations Act 1999 which gives employees the statutory right to be accompanied at disciplinary and grievance hearings. The procedures already take account of this imminent change. It will be provided for that the companion may be a colleague employed by the same employer, or a lay or employed trades union official. The companion will be able to confer with the employee and address the hearing, but will not be able to answer questions on behalf of him or her. If the companion is a work colleague of the person who is the subject of the hearing, s/he will have the right to paid time off to attend the hearing. There will also be a right of postponement of a hearing to another date within five working days of the original date where the companion is unable to attend the first arranged hearing. Failure to allow an employees companion to attend a hearing could be the subject of employment tribunal proceedings, in which compensation of up to two weeks pay could be awarded to the employee. The procedures are written so as to allow a companion or representative to attend and present, or help to present, the employees case. They also permit friends who are not work colleagues or union officials to accompany the employee. The requirement for such persons not to act in a legal capacity is intended to ensure hearings are conducted without excessive formality and in a manner consistent with the proper consideration of the issue(s) raised by the employer or employee. p) Notice of termination of employment (Clause 26 of Framework refers) The arrangements set out are the statutory minima. This does not prevent your agreeing to something more generous; in most cases it is advisable for the notice period to be mutual for the practice and its employees. (It may be inappropriate to require longer notice periods upon resignation for some staff. However, all staff will always be entitled to their statutory notice period when notice is given by the employer.) The provision for termination without notice by either party will not entitle the practice to dismiss an employee instantly, without recourse to the disciplinary procedure. Please refer to clauses 6 and 26 for further information and guidance. q) Personnel policies and working procedures (Clause 27 of Framework refers) The policies and procedures referred to here could include disciplinary and grievance (included in contract), equal opportunities, avoidance of harassment and bullying in the workplace including for reasons related to sex, race or disability, management of sickness absence, recruitment and selection, infection control, receipt of money, passing of messages and so on. Some of these could be included in the Handbook, or a reference made to a folder in which they are gathered. This list is not exhaustive.  In Northern Ireland there is no race discrimination legislation but there is discrimination legislation relating to religion and politics.     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