Honorary Consultant Contract (England)
HONORARY PUBLIC HEALTH CONSULTANT CLINICAL ACADEMIC CONTRACT (ENGLAND)
Version 1 (transition) – 30 July 2013
Agreed between Public Health England and the University and Colleges Employers Association with the British Medical Association, British Dental Association, and the University and College Union.
HONORARY ACADEMIC PUBLIC HEALTH CONSULTANT CONTRACT (ENGLAND)
TABLE OF CONTENTS
TABLE OF CONTENTS 2
1. PARTIES 3
2. BACKGROUND 3
3. POST 3
4. COMMENCEMENT OF ENGAGEMENT 3
5. EMPLOYMENT RELATIONSHIP 3
6. DURATION OF CONTRACT 3
7. ACCOUNTABILITY 3
8. TERMS OF ENGAGEMENT 3
9. GENERAL MUTUAL OBLIGATIONS 3
10. THE WORK 3
11. PROGRAMMED ACTIVITIES 3
12. EXTERNAL DUTIES 3
13. OTHER CONDITIONS OF EMPLOYMENT 3
14. RELATIONSHIP TO PAY 3
15. OTHER ENTITLEMENTS 3
16. HEALTH AND SAFETY 3
17. DATA PROTECTION 3
18. CONFIDENTIALITY 3
19. EQUALITY AND DIVERSITY 3
20. NON SOLICITATION 3
21. INVOICING ARRANGEMENTS (where this applies) 3
22. INDEMNITY 3
23. VARIATION AND WAIVER 3
24. GOVERNING LAW AND JURISDICTION 3
FORM OF ACCEPTANCE 3
ANNEX A – CRITERIA FOR PAY THRESHOLDS 3
ANNEX B – MEDIATION AND APPEALS FRAMEWORK 3
1
PREAMBLE
i) This model honorary contract is intended to be used for clinical academic public health doctors and dentists who are employed by Higher Education Institutions (HEI) or other organisations in a research and/or teaching capacity and who also provide services or deliver activities for Public Health England, at NHS consultant equivalent level.
ii) This honorary contact should be read in conjunction with the substantive employment contract with the HEI (or other) Employer. Taken together they provide the full contractual framework in which the academic is expected to deliver the agreed duties. The two contracts have regard to ‘Consultant Clinical Academics - Principles for Applying the Consultant Contract’ that was agreed by stakeholders and to the principles in the recommendations of the Follett report*.[1]
iii) In this honorary contract:
· “we” refers to Public Health England, and “you” refers to the clinical academic consultant who is subject to the terms of this document in respect of his/her Public Health England duties.
· “the Terms and Conditions” means the ‘Terms and Conditions – Consultants (England) 2003’ as applied to clinical academic doctors and dentists by Schedule 23 of the Terms and Conditions.
1
HONORARY CONTRACT FOR PUBLIC HEALTH CONSULTANT CLINCAL ACADEMIC STAFF
Between
Public Health England
and
[name of academic]
This contract is dated [date as of date we are sending them out]
- PARTIES
Public Health England whose central office is at 133-155 Waterloo Road, London, SE1 8UG which expressions shall include its successors in title (PHE)
[the university] whose office is at [University Address] (the Employer)
[Insert name of the honorary appointee] (the Employee)
- BACKGROUND
The Employer employs the Employee as [job title or otherwise such description e.g. professor of……… as supplied]
The Employer agrees to the unpaid honorary appointment of the Employee to PHE in order to ensure integrated job planning and facilitate collaborative working during the period of the honorary appointment as set out in the Service Level Agreement or Memorandum of Understanding between PHE and the Employer.
- POST
Your job title under this honorary contract is public health academic consultant (insert their specialism)
You are appointed on the grounds that you also hold an academic post.
- COMMENCEMENT OF ENGAGEMENT
Your engagement under this honorary contract began on 1 April 2013.
This honorary contract is continuous with previous honorary contracts with PHE or its predecessors, which includes, for public health academics, previous NHS honorary contracts.
Where it is appropriate for any contractual service related provisions in the substantive employment contract, this contract recognises your years’ seniority (as defined in Schedule 1 of the Terms and Conditions[2]).
For the purposes of certain NHS conditions of service relating to your substantive employment contract, previous service within the NHS, although not continuous under the Employment Rights Act 1996, will count as reckonable.
- EMPLOYMENT RELATIONSHIP
For the avoidance of doubt the Employee’s contract of employment will continue to be held by the Employer during the period of the honorary appointment and the Employee will remain subject to the Employer’s terms and conditions of service, with the exception of the arrangements identified at paragraph 12.
The honorary appointment does not create an employer – employee relationship between the Employee and PHE and the Employee will not become an employee of PHE.
Nothing in this contract will add to or detract from any rights and liabilities conferred by the relevant Transfer Scheme emanating from the Health and Social Care Act 2012.
- DURATION OF CONTRACT
6.1. Duration of Contract
This honorary contract coexists with the substantive contract of employment held by the Employer.
6.2. Termination of Engagement
The period of notice to end this contract will be three months.
Any of the parties may end this contract by giving the appropriate written notice.
6.3. Effects of Termination of Your Substantive Contract of Employment
Should your substantive contract of employment be suspended, or terminated, at any time, this will result in the immediate suspension or termination of this contract. Notice served by the Employer will have the effect of notice served on this contract.
The honorary appointment will terminate automatically without notice on resignation from your substantive contract of employment with the Employer.
- ACCOUNTABILITY
The Employee will remain accountable to his/her line manager at the Employer, [insert line manager from the information supplied]
However for the period of the honorary appointment and in respect of those aspects of the job plan which support the functions of PHE the Employee will be accountable to a clinical supervising manager from with the local regional team. You will be advised separately who your manager will be.
- TERMS OF ENGAGEMENT
8.1. Terms and conditions of Engagement
This honorary contract and the associated Terms and Conditions[3] set out the entire terms and conditions of your engagement with this organisation, such that all previous agreements, practices and understandings between us (if any) are superseded and of no effect. Where any external term is incorporated by reference such incorporation is only to the extent so stated and not further or otherwise.
The key provisions of this honorary contract have been discussed and agreed by PHE with UCEA, BMA, BDA and UCU. Subject to a specific decision by PHE, any changes to the key provisions of this contract agreed by the aforementioned parties will be incorporated automatically into this contract.
8.2. Human Resources Policies And Procedures
PHE and the Employer will develop a set of protocols for managing joint arrangements; this will include, but not be limited to recruitment, selection, performance management, appraisal, revalidation, absence, development, job planning, occupational health and
data sharing.
During the period of the engagement, all matters of day to day HR management will be managed in line with jointly agreed protocols with the Employer.
In the event of any circumstances occurring which may lead to more formal action, matters will be progressed in line with Employer’s policies and procedures e.g. as in paragraph 13.6 & 7 and in respect of sickness absence.
The Employer and PHE shall inform the other as soon reasonably practicable of any other significant matter that may arise during the period of the appointment relating to the Employee or their employment.
- GENERAL MUTUAL OBLIGATIONS
9.1. Whilst it is necessary to set out formal engagement arrangements in this contract, we also recognise that you are a senior and professional employee who will usually work unsupervised and frequently have the responsibility for making important judgements and decisions. It is essential therefore that you and we work in a spirit of mutual trust and confidence. You and we agree to the following mutual obligations in order to achieve the best for the health and wellbeing of the public and those for whom we have a duty of care and to ensure the efficient running of the service:
· to co-operate with each other and your Employer;
· to maintain goodwill;
· to carry out our respective obligations in agreeing and operating an integrated Job Plan, including agreeing the Job Plan with your Employer;
· to carry out our respective obligations in accordance with all appraisal arrangements, including ensuring that you have appropriate clinical governance and that your appraisal is conducted jointly with your Employer;
· to engage with and fulfil mutual responsibilities under revalidation including multisource feedback;
· to carry out our respective obligations in devising, reviewing, revising and following PHE’s policies, objectives, rules, working practices and protocols;
· to keep your Employer informed of any matters concerning your performance and/or conduct that could lead to formal action being taken.
- THE WORK
10.1. Location
You will generally be expected to undertake your Programmed Activities under this honorary contract at the work location of your Employer although other work locations may be required, including PHE work locations, in order to enable specific activities to be undertaken. These will be agreed in the integrated Job Plan.
10.2. Duties
10.2.1. Main Duties And Programmed Activities
Your duties under this contract will be jointly agreed with your Employer, through the integrated job planning process, taking account of the whole of your work. Your agreed duties will be included in a single, integrated Job Plan.
Except in emergencies or where otherwise agreed with your clinical supervising manager, you are responsible for fulfilling the duties and responsibilities and undertaking the Programmed Activities set out in your integrated Job Plan relating to work under this honorary contract as reviewed from time to time in line with the provisions in section 10.3 below.
10.2.2. Associated Duties
You are responsible for the associated duties set out in Schedule 2 of the Terms and Conditions[4].
10.2.3. Objectives
A single set of objectives will be jointly agreed as part of the annual joint clinical appraisal. Your objectives form part of a single integrated Job Plan and take account of the work for your Employer and any objectives arising from those duties as well as your duties under this honorary contract.
The purpose of including agreed personal objectives in your integrated Job Plan is to set out in clear and transparent terms what you, your clinical supervising manager and your Employer have agreed should reasonably be achieved in the year in question. These objectives are not contractually binding in themselves, but you have a duty to make all reasonable efforts to achieve them.
10.2.4. On-Call Duties And Emergency Responses
You may be asked to participate in an on-call rota to provide emergency cover (see section 12). In asking you to participate in on-call duties, PHE will seek agreement between you and your Employer. When you are not on an on-call rota, we may in exceptional circumstances ask you to return to site for emergencies if we are able to contact you. You are not, however, required to be available for such eventualities.
10.3. Job Planning
At all stages of the integrated job planning process we will work in partnership with your Employer and the final integrated Job Plan will be agreed by all parties.
You, your line manager and your clinical supervising manager will agree a prospective integrated Job Plan, that may be as part of the annual joint clinical appraisal process[5], which sets out your main duties and responsibilities, a schedule for carrying out your Programmed Activities, your managerial responsibilities, your accountability arrangements, your objectives and supporting resources.
You, your line manager and your clinical supervising manager will review the integrated Job Plan annually in line with the provisions in Schedule 3 of the Terms and Conditions. Any party may propose amendment of the integrated Job Plan. You will help ensure through participating in regular Job Plan reviews that your integrated Job Plan meets the criteria set out in the Terms and Conditions and that it contributes to the efficient and effective use of resources.
Following your integrated Job Plan review your clinical supervising manager and your Employer’s line manager will jointly submit a report, recommending a decision about your pay progression to the senior responsible manager (e.g. the Dean) in your employing organisation copied to you and the Director of Health Protection and Medical Director of this organisation. The criteria for pay thresholds are set out in the terms of your substantive contract. In terms of the input of PHE into the report recommending a decision about pay progression, this will be based on the criteria set out in Annex A of this agreement. No other criteria will influence this recommendation.
If, exceptionally, the parties are unable to agree an integrated Job Plan you will be entitled to invoke the mediation and appeals process set out at Annex B of this contract.
- PROGRAMMED ACTIVITIES
11.1. Scheduling of Activities
You, your line manager and your clinical supervising manager will agree in the schedule of your job plan the programmed activities that support the delivery of your key objectives. Non-emergency work will not be scheduled during premium time without your agreement.
Subject to the provisions for recognising work done in Premium Time, a Programmed Activity has a timetable value of four hours. Each Programmed Activity may include a combination of duties.
The job plan for a whole time role will have a value of 10 Programmed Activities[6] per week on average, subject to the provisions below for recognising emergency work arising from on-call rotas. The number of your Programmed Activities is determined in your substantive employment contract.
11.2. Flexibility
Attaching a time value to Programmed Activities is intended to provide greater transparency about the level of commitment expected of consultants. However, there may be flexibility in the arrangements for timing of work through an annualisation of Programmed Activities in the Job Plan. In such cases all parties will agree an annual number of programmed activities and your integrated Job Plan will set out variations in the level and distribution of Programmed Activities within the overall annual total.
You, your line manager and your clinical supervising manager may agree, as part of your Job Plan, other arrangements for flexible scheduling of commitments over an agreed period of time.