DDRB Guidance 2022
Further to our communication last week in relation to the Government Statement on 19th July following the Recommendations of the NHS Pay Review Bodies including the Review Body on Doctors’ and Dentists’ Remuneration (DDRB). Berkshire, Buckinghamshire and Oxfordshire LMC have produced some guidance which answers many of the questions we have been asked by members, which mainly revolve around who is contractually required to receive such a pay-rise.
We have permission to share the following to members and whilst the LMC cannot give legal advice, we hope this provides broad guidance in order to assist and support all constituents.
Political Context & Reaction:
Firstly, for the avoidance of doubt, this LMC wholeheartedly condemns the Government’s announcement for the following reasons:
It is well below spiralling inflation and falls far short of the decay in real terms earnings for GPs over the years
GP Partners are excluded from this pay award due to being locked into the 2019 5-year contract deal which includes the PCN DES
No funding is forthcoming for practices to fund this pay award for their staff, meaning a pay cut for partners
There is no clarification from Government as to how ARRS staff uplifts may be funded, as many PCNs have had no choice but to recruit ARRS at the ceilings of reimbursement
The BMA has too rejected this pay award, across all branches of practice, with Junior Doctors planning for potential industrial action2
The GPC England yesterday also rejected this pay award and has joined other branches of the BMA in opening discussions toward GPs potentially being involved in collective or industrial action3
Primary Care Staff Affected:
Contrary to what is implied by sensationalist and politically driven headlines pushed by the Government, the announced pay award does not apply to all NHS staff. Regarding General Practice, the staff who are potentially entitled to this pay award are: staff employed under the Agenda for Change (AfC) pay scale; and salaried GPs. Whether such an individual staff member is entitled contractually to this award will depend upon the exact wording of their own individual contract. Where a constituent practice is not sure on the interpretation of a particular contract of employment, they should seek independent expert HR advice.
AfC Staff:
Regarding Agenda for Change staff, it is not clear whether PCN staff employed under ARRS are entitled to this uplift, and the GPC is seeking advice on this, which the LMC awaits. Again, as each PCN is unique, we recommend PCNs scrutinise the individual contracts of their ARRS staff and seek advice where appropriate.
Salaried GPs:
Whether an individual salaried GP is contractually entitled to this pay award will depend upon the wording of their contract. Salaried GPs are legally entitled to “terms no less favourable than” the BMA model contract if they are either:
Employed by a GMS practice with their employment having commenced after 2004
Employed by a PMS practice that has signed the NHS England Standard Personal Medical Services Agreement 2015/16, with their employment commencing on or after July 2015
However, terms “no less favourable” does not necessitate the exact wording of the BMA salaried model contract, and practices and salaried GPs should refer to the wording of their individual contracts of employment, and to the BMA Salaried GP Handbook4 to determine whether the pay award applies.
The relevant clause in the BMA salaried model contract is:
(6)
Your starting salary will be [£xx] per annum paid monthly in arrears by credit transfer, normally on the last day of each month. Your salary will be increased by annual increments on [incremental date] each year and in accordance with the Government’s decision on the pay of general practitioners following the recommendation of the Doctors’ and Dentists’ Review Body.
Where those words, or words to that effect appear in the salaried GP’s contract, the salaried GP is entitled to the pay award determined by DDRB if the Government have accepted it (which they have in the case of 19th Jul 2022).
The LMC asks practices to note that we, as per statute, represent all GPs in our constituent area, and represent those GPs equally. As the LMC represents GP partners, Salaried GPs, and Locums without fear or favour, it is inappropriate for us to give advice to one of those parties which detriments another. Therefore, we cannot assist any practice or salaried GP in enforcing a pay uplift or lack thereof. We advise all constituents to refer to their contracts, and where there is a dispute, constituents should contact the BMA.6
Other Staff:
The review of pay of other practice staff not mentioned in this guidance is a matter for the individual practice to determine, in line with the contracts of those members of staff and appropriate HR procedures. The LMC notes that headlines by Government implying all NHS staff will receive a pay-rise, when no funding is provided for such a pay-rise causes unhelpful confusion and raised expectations amongst hard working practice staff who are rightly deserving of a fully funded pay uplift by the Government.
As a potential solution to this, the LMC has been advised that the GPC Chair and Executive are taking up the issue of GP practice expenses as a matter of urgency with Government. Whilst GP partner pay may be argued to be locked into a 5-year deal, other expenses (such as staff salaries) do not fall within such scope and should indeed be uplifted to allow practices to pass on pay uplifts to their staff.
Closing Remarks:
We maintain this “pay award” is insulting and divisive to the profession. The LMC continues to press nationally at GPC and BMA level for appropriate action to be taken to restore GP pay and improve terms and conditions. We will continue to keep constituents updated as to progress in this regard. If you wish to discuss any national matter with your GPC representative, please do contact her at the addresses below:
Dr Anu Rao, Annapurna.rao@nhs.net
1 https://www.gov.uk/government/news/nhs-staff-to-receive-pay-rise
4 https://www.bma.org.uk/media/1316/salaried-gp-handbook-v2-10-dec-2019.pdf
5 https://www.bma.org.uk/media/3479/salaried_gp_model_contract_and_model_offer_letter_nov20.pdf
6 https://www.bma.org.uk/about-us/contact-us/get-in-touch/contact-us