GP Induction and Refresher (UK and EU) – I&R SUPERVISOR MODEL CONTRACT

(Awaiting approval from the BMA)

(With thanks to the London Deanery who produced this contract)

This agreement is made the [Insert Date] day of [Insert Month] in the year 20 [Insert Year]Between[Insert I&R Supervisor’s name] (hereinafter called the “I&R Supervisor”) of [Insert practiceaddress] medical practitioner of the one part,

And

[Insert Doctor’s name] hereinafter called the “Doctor”) of [Insert Doctor’s address] medicalpractitioner of the other part.

WHEREAS

  1. The parties are both practitioners fully registered with the General Medical Council,the I&R supervisor being in general medical practice at [insert practice address]
  1. The I&R supervisor, having been approved as a ‘trainer’ by the GMC Certification Board on the advice of the Wessex Deanery GP Speciality Training Committee, and the Doctor, being desirous of becoming a Doctoron induction in general practice, both agree to the establishment of this contractupon the terms and conditions hereinafter mentioned.

Contract of employment

  1. This contract sets out the terms and conditions of your employment and includesthe particulars of your employment, which are required to be given to you underthe Employment Rights Act 1996.
  1. You are employed by the practice as a general practitioner under the DeaneryInduction and Refresher Scheme.
  1. You are required to comply with the practice’s written rules and procedures andany amendments, which will be notified to you in writing.

Duration of contract

  1. The I&R supervisor undertakes to a clinical placement by the Doctor for thepurpose of teaching and advising on all matters appertaining to general medicalpractice for a period of [Insert duration] months Full / Part time [Delete asnecessary] from the [Insert start date] day of [Insert month] in the year 20 [Insertyear] unless the agreement is previously terminated under the provision of Clause2.
  1. This agreement can be terminated by the Doctor giving one month’s notice inwriting to the I&R supervisor or by the I&R supervisor giving one month’s notice inwriting to the Doctor and such notice may be given at any time.
  1. Both parties shall become and remain members of a recognised medical defencebody at their own expense for the period of this agreement.
  1. This term may be extended, at the discretion of the General Practice Deanery, providing the maximum total time on the schemedoes not exceed 6 months full-time or equivalent part-time.

This clause is subject to the terms of notice in the “Notice” provisions below.

Induction period

  1. On commencement of employment you will be given an appropriate induction andan initial learning needs assessment by the ‘I&R Supervisor’

Registration

  1. At all times during the period of employment you must be:
  2. a fully registered medical practitioner; and
  3. registered on the Primary Medical Service Performers List (previously theNational Health Services Supplementary List, General Medical Services Listand Personal Medical Services List) in accordance with the National HealthService (Performers Lists) Regulations 2004 with the condition applied of“satisfactory completion of the London Deanery Induction and RefreshmentScheme.

Continuity of service

  1. When assessing your entitlement to annual, sick, special, maternity, paternity,adoptive and parental leave, your length of service will be deemed to includeprevious NHS service, provided there was not a break in service of more than 12months.
  1. NHS Service includes (without limitation) any service in or as the following:
  2. general medical services (“GMS”)
  3. personal medical services (“PMS”)
  4. general practitioner registrar (“GPR”)
  5. Those additional categories defined as NHS employment in the modelterms and conditions of service for a salaried.

Location of Work

  1. Your place or places of work are as follows [Insert practice address]

Sessions of work

  1. You will be required to do [Insert number] clinical sessions and one ‘peer support’session per week. A session will not exceed 4 hours and 10 minutes.
  1. Your sessions of work will be contained in a job plan (“sessions of work”). The jobplan may be amended in accordance with the Wessex Deanery and the practice andneither party will unreasonably withhold such agreement.
  1. You may work additional sessions in non-primary medical services outside thepractice with the prior approval DPGPE, for instance as a clinical assistant. Workas a locum is specifically excluded and not permissible under the terms of theInduction and Refresher Scheme. Outside work must not conflict with youremployment obligations to the practice.

Contractual duties

  1. Your duties include:
  2. Those described in the Induction and Refresher scheme;
  3. providing general medical services to patients;
  4. such other duties as reasonably delegated to you by the practice that isrequired of the practice in providing services under the GMS Regulationsand the PMS Regulations.
  1. The duties may be changed by written agreement, whichagreement will not be unreasonably withheld. The duties and job plan will bereviewed at least annually to give both you and the practice an opportunity topropose changes.

The Doctor’s hours of work in the practice, the GP Induction and Refresher (UK/EU)programme and regular periods of tuition and assessment shall be agreed betweenthe I&R clinical supervisor and the Doctor, making provision for appropriate educational activites and other study day commitments in accordance with the advice of theWessex Deanery Educational I&R Lead

The Doctor should have sufficient exposure to all aspects of out of hours care toprepare them for independent practice. Specific arrangements shall be agreedbetween the parties and shall be subject to the Deanery General Practice STC policies currently in force.

The Doctor is supernumerary to the usual work of the practice and should perform noout of hours work for the first month of the first period of general practice training. However, the Doctor may accompany the I&R clinical supervisor during out of hourswork. The Induction and Refresher scheme GP will not be used as a substitute for alocum in the training practice.

Records

  1. The I&R Doctor is required to keep:
  2. full and proper records of all attendances with patients; and
  3. any other records as required by NHS legislation or reasonably required bythe practice.

Confidentiality

  1. The I&R Doctor must strictly adhere to the applicable General Medical Council (GMC)Guidance on patient confidentiality.
  1. The I&R Doctor must not use or disclose confidential information about the practice’s patientsor its business other than as expressly authorised by the practice as a necessarypart of the performance of your duties or as required by law.
  2. Confidential information about the practice’s business includes (without limitation):business plans; forecasts; information related to research, future strategy, or anyother sensitive financial information concerning the affairs of the practice or itspartners.
  1. The duty of confidentiality continues in perpetuity.

Salary and allowances

  1. The I&R Doctors salary, together with any other additional payments that might be owing tothem, will be paid monthly in arrears by credit transfer, on or before the last day ofthe month.

Professional expenses

  1. Under the GP Induction and Refresher Scheme, the I&R Doctoris entitled to a fixed annualamount towards the costs of your professional expenses (consult the Deanery forthe relevant amount). There is no provision for a car allowance. The sum is subjectto deductions for tax and National Insurance Contribution's (NIC), but is notsuperannuable.

Retention of fees

  1. The I&R Doctor may not charge fees for issuing certificates listed in Schedule 9 of the GMSregulations.
  1. The I&R Doctor must provide the following certificates free of charge, where they are for initialclaims and short reports or statements further to certificates, but not for work inconnection with appeals and subsequent reviews:
  • certificates for patients claiming for income support, sickness and disabilitybenefits, including incapacity, statutory sick pay, disability living allowance andattendance allowance.
  1. If the I&R Doctor receives fees by virtue of your position in the practice, and for work doneduring contracted hours, they will pay such fees to the Practice or as otherwiseagreed in writing with the practice.
  1. Subject to any other legal requirements that may apply, the I&R Doctor may keep anyspecific or pecuniary legacy or gift of a specific chattel made to them as their personal property.

Continuing Professional Development and Education

  1. Under the Induction and Refresher Scheme, the peer-support session per week ismandatory.
  1. The sessions of work reserved for peer support will be identified in their job plan.

Clinical audit/clinical governance

  1. You will be required to participate in clinical audit and to be involved with clinicalgovernance issues within the practice. These duties will be carried out during theirsessions of work.
  2. The Practice will ensure that you are provided with copies of all local PCO policiesand procedures, notices of local educational meetings and professionalcompendia.

Publications, lectures etc

  1. The I&R Doctor does not require the consent of the Practice to publish books and articles etc,deliver lectures and speak, including on matters arising out of your NHS service,provided:

(a)you do not purport to represent the Practice or any of the partners’ views; and

(b)the work is not undertaken during your sessions of work.

If you wish to do any work of this nature during your sessions of work, you mustobtain the prior written consent of the Practice.

  1. If you give a lecture on a professional subject for which a fee is payable, the fee

will be payable to:

  1. the Practice, up to a normal sessional rate, if the lecture is given in orsubstantially in your sessions of work; or
  2. you, if the lecture is given substantially outside of your sessions of work, orduring annual leave.

Personal appraisal

  1. The I&R Doctor will have a personal appraisal with their supervisor, at least three timesduring the placement but preferably once a month and which will take place during their sessions of work. This will be an opportunity to review and discuss their planwhich will be documented in the NHS Induction Log Book.

Practice meetings

  1. The I&R Doctor are entitled to attend and participate in regular practice meetings relating toeducation and clinical governance. The I&R Doctor may be invited to attend meetings onpractice business matters. Theyshould be given reasonable notice of such meetings.

Annual leave

  1. The I&R Doctors annual leave year runs from their first day of employment.
  1. The I&R Doctor is entitled to the following paid leave:
  2. six weeks annual leave pro rata;
  3. the pro-rata FTE of 10 days (which includes NHS days and statutory bankholidays).
  1. The paid leave must be taken within the leave year that it falls due unless agreedotherwise in writing with the Practice.
  1. It is the intention under the Induction and Refresher Scheme that the I&R Doctor should beable to take leave entitlement at times that are suitable for their personalcircumstances.
  1. Leave entitlements for periods of less than one year will be calculated on a prorata basis (e.g. where termination of employment occurs part way through theleave year).

Absence from work

  1. If the I&R Doctor is absent from work without notice (e.g. because of sickness), the I&R Doctor shouldtelephone the Practice Manager as soon as possible on the first day of suchabsence.
  1. If an absence due to sickness continues for more than three calendar days, the I&R Doctormust submit a self-certification form (which will be provided by the PracticeManager) to the Practice Manager before the end of the seventh day.
  1. If an absence due to sickness continues for more than one week, the I&R Doctor must submita doctor’s certificate.
  1. If the I&R Doctor fails to provide the appropriate sickness documentation, the Practice maywithhold your sick pay.
  1. If, while on annual leave the I&R Doctor is ill for more than seven days, on production of adoctor’s certificate, the balance of your annual leave will be suspended and they will be entitled to sick leave.
  1. If the Doctor is absent due to illness for more than 14 days in any six-month periodof training s/he shall notify such absence to the Deanery.

Statutory Sick Pay (SSP)

  1. If the I&R Doctoris entitled to SSP, it will be paid to them by the Practice at the appropriaterate for the agreed qualifying days, being days on which they would normally work.
  1. Information on SSP is available from the Practice Manager.

Practice sick pay

  1. In accordance with clause 9 the I&R Doctor will be entitled to paid sick leave in any 12 monthperiod in accordance with the following scale:
  1. During the first year of NHS service - 1 month's full pay, and (aftercompleting 4 months' service) 2 months' half pay.
  2. During the second year of NHS service - 2 months' full pay and 2 months'half pay.
  3. During the third year of NHS service - 4 months' full pay and 4 months' halfpay.
  4. During the fourth and fifth years of NHS service - 5 months' full pay and 5months' half pay.
  5. After completing five years of NHS service - 6 months' full pay and 6months' half pay.
  1. Paid sick leave will incorporate any entitlement to SSP.
  1. The Practice has the discretion to extend the application of the above scale in anexceptional circumstance. Special consideration will be given to cases of a seriousnature, where an extension of the sick leave provisions would materially assist arecovery of health by relieving anxiety.

Special leave

  1. The I&R Doctor will be entitled to the paid special leave referred to in section 3(2) of theWhitley Council Handbook, where their absence arises as a result of their duties inthe course of their employment or their absence will be during their sessions ofwork.

Special leave for domestic, personal and family Reasons

  1. In each year of employment, the I&R Doctor will be entitled to five days paid special leave(pro rata) which can be used for unexpected domestic situations such asbereavement, illness of a dependent or close relative, breakdown in carearrangements of a dependent or to deal with an incident related to a dependentrequiring your attention. This is in addition to their statutory entitlement toreasonable unpaid time off to care for dependants in specified circumstances. Unused paid special leave may not be carried over to the following year.

Maternity/paternity/adoption/parental leave

  1. Subject to the “Continuity of Service” provisions in this contract, the provisionscontained in the Whitley Council Handbook on maternity, paternity, adoption andparental leave will apply. In the absence of any provisions in the Whitley Councilhandbook, statutory rights will apply.

Superannuation

  1. The I&R Doctor may apply to join the NHS pension scheme.

Professional registration and medical indemnity

  1. At all times during their employment the I&R Doctor must have full registration with theGeneral Medical Council to be provided at their own expense.
  1. The I&R Doctormust provide the Practice with written confirmation of their registration andmembership.

Convictions/offences

  1. This employment is exempt from the provisions of the Rehabilitation of OffendersAct 1974. Therefore, the I&R Doctoris not entitled to withhold information requested by thePractice about any previous convictions you may have, even if in othercircumstances these would be regarded as ‘spent' under the Act. Beforecommencing employment, the I&R Doctor must provide the Practice with information aboutany previous convictions (excluding minor traffic offences) you may have. Duringthe period of employment the I&R Doctor must also immediately disclose to the Practiceif they are subject to any criminal or traffic investigations, charges or convictions(excluding minor traffic offences). Failing to provide the required information underthis clause is gross misconduct and may result in their dismissal.

Use of practice facilities

  1. The Practice will provide the I&R Doctor with the use of the following equipment in goodworking order at the surgery premises:
  2. Medical and other equipment, apparatus, instruments and implementscustomarily used in the exercise of the profession of medicine;
  3. Furniture and things incidental to the exercise of medicine to the profession;and
  4. Appropriate drugs for use for the purpose of home visits.
  1. In order to carry out your duties, the Practice will provide the I&R Doctor with access to thefollowing services at the surgery premises:
  1. The services of such staff as are usual in the administration of medical practice;
  2. Such material as drugs and supplies that are customarily used in theprofession of medicine; and
  3. The services of medical support staff when they are on duty at the surgerypremises.
  1. the I&R Doctor will utilise the facilities in a reasonable and proper manner commensurate with their duties under this contract.
  1. The facilities will be available to the I&R Doctor during normal surgery hours, except on datesagreed by the Partners to be holidays. The I&R Doctor will also have reasonable access to thesurgery premises for the emergency treatment of patients.

Prohibited acts

  1. The I&R Doctor must not:
  2. Hold yourself out to be in partnership with the partners of the Practice;
  3. Pledge the credit of the partners;
  4. Do anything that would bring the reputation of the Practice into disrepute.

Transport

  1. If you the I&R Doctoris required to have or use a motorcar in the course of their employment the I&R Doctor must:
  2. Have a current driving licence; and
  3. Comply with the legal requirements to have motor vehicle insurance.

Note: They must notify their insurance company that they intend using their motorvehicle for business purposes; otherwise their insurance cover may be inadequate.

  1. You must produce confirmation that you have met the above requirements asrequested to do so by the Practice, where upon the practice will reimburse you forthat portion of insurance related to business use.

Disciplinary and grievance procedures

  1. The Practices disciplinary and grievance procedures will apply. The procedurescan be obtained from the Practice Manager. The I&R Doctoris entitled to be accompanied toa disciplinary or grievance hearing by a BMA official, or fellow worker, orrepresentative of their choice.

Investigation of complaints

  1. The I&R Doctor must reasonably co-operate in the investigation of any complaints made against the Practice during their employment. This obligation continues followingtermination of employment. The I&R Doctor will be given full access to relevant manual andcomputerised records in order to co-operate with the investigation of complaintsand the Practice will fully involve the I&R Doctor in the investigation of any complaint thatrelates to or involves them.

Notice