19British Medical Association Junior doctors’ handbook on the 2016 contract
Where a doctor is pay protected and does not progress onto the next grade, their salary will
not automatically increase to the value of the next grade’s pay point. For example, where a
doctor switches into GPST1 and is pay protected at the ST2 pay point and remains at GPST1
the following year, their pay protection will continue to be based on the ST2 pay point for as
long as they remain at GPST1. The doctor will need to progress to GPST2 in order for their
pay protection to increase to the ST3 salary. Pay for additional hours, hours at enhanced
rates, or any other amounts will be based on this basic salary amount. The doctor will receive
any relevant exible pay premium on top of this.
Where a doctor, for reasons directly or indirectly linked to a disability (for the purposes of
the Equality Act 2010), or to caring responsibilities, switches directly from one training
programme (other than a Foundation programme) into another training programme,
whether or not that programme is an agreed hard-to-ll training programme (identied in
Annex A as being one where a exible pay premium applies for this purpose), and the doctor’s
basic pay is reduced as a result of the switch, they will have their pay protected (dependent
on their ARCP Outcomes).
In addition to the hard-to-ll training programmes identied in Annex A, for doctors
changing specialties only, the JNC(J) will determine and maintain a list of additional
specialities to which pay protections applies (‘Dicult to Recruit Specialities’). A list of these
dicult to recruit specialities appears at www.nhsemployers.org. Those choosing to switch
directly from one training programme (other than a Foundation Programme) to a dicult to
recruit speciality shall have their pay protection assessed and calculated in accordance with
schedule 2, paragraphs 50 to 53 of the TCS.
Protection of salary on re-entering training from career grade
Where a doctor already employed in the NHS in a nationally recognised career grade (ie
an appointment on national terms and conditions of service other than those for doctors
and dentists in training) chooses to return to training in a hard-to-ll training programme,
and, as a result, their basic pay would be lower than received in the previous career grade
job, they shall be eligible for pay protection. For the purposes of this, the composition
of basic pay in the career grade job will exclude any pay for additional hours/sessions,
excellence awards or similar payments, on-call or other allowances, pay premia, or any
other supplementary payments.
To be eligible for the pay protection, the doctor must have at least 13 months continuous
service in the same nationally recognised career grade prior to re-entering training, and
must move immediately into the hard-to-ll training programme.
Where a doctor is already employed in a recognised NHS career grade post, re-enters
training for reasons directly or indirectly linked to a disability (for the purposes of the
Equality Act 2010) re-enters training into another programme, including those that are not
designated as ‘hard-to-ll’, they will also be eligible for pay protection as outlined above.
Such doctors, as outlined above, will have pay protection calculated by comparing the basic
salary received whilst employed in the previous career grade post with the sum total of the
nodal point applicable to the level they are re-entering training in the hard-to-ll training
programme, alongside any additional payments due in that role (including; pay for additional
rostered hours, any enhanced rates for hours worked that attract enhancements, any on-call
availability allowance, any weekend allowance, and any exible pay premium).
Where the basic salary in the previous career grade post exceeds the sum of pay outlined
in the new post upon re-entering training, the doctor will have their basic salary protected
on a mark-time basis, and will receive an amount to increase the total salary so that it
equals the higher amount previously paid. The protected basic salary will not be taken into
consideration in calculating pay for additional hours, hours at enhanced rates, or any other
amounts. These will continue to be based on the actual basic salary for the post in which the
doctor is employed.
Further information
Terms and conditions, schedule 2 paragraphs 48-61.