Backdating guidance
20 October 2003
There are three important dates.
- A: date to which pay is backdated (typically 1/4/03)
- B: date on which consultant gives formal commitment (typically 31/10/03)
- C: date on new job plan comes into effect (typically c.3 months from B)
Paragraph 2 of Schedule 13 of Terms and Conditions:
“Where a consultant gives a formal commitment to the new contract by 31 October 2003, pay increases under the new contract will be backdated to 1 April 2003. Where a consultant has given a formal commitment to the new contract between 31 October 2003 and 31 March 2004, pay increases will be backdated by three months from the date on which the commitment was given. In each case, backdating will be conditional upon a job plan being agreed within three months, except where this deadline is not met for reasons beyond the consultant’s control. Consultants may choose any shorter period of backdating if they so wish.”
Basic principles
In general, the level of backdated pay that an individual receives should be based on the prospectively agreed new job plan including the agreed number of programmed activities and categorisation of on-call availability supplement.
But:
1. Back pay cannot extend beyond the beginning of appointment to the consultant grade (e.g. for consultants first appointed after 1 April 2003).
2. Where there has been a fundamental change in the consultant’s job (since date A), it would be unfair to base back pay (for the relevant period) on the new job and impractical to try and establish what job plan would hypothetically have been agreed for the previous post. In these cases, back pay should be based on local agreement on what job plan it is likely would have been agreed if the new contract had been introduced for the former post. This could be based on the job plan agreed for other consultants in the relevant speciality or sub-speciality where their work was essentially similar.
3. Where there has been a significant change in on-call arrangements (since date A), the backdated on-call availability supplements should be based on the former arrangements.
Scenarios (change of job)
(i) Consultant changes employer between dates A and B
A consultant has moved to a different NHS employer since 1 April, but before date on which they give their formal commitment to the new contract.
The individual should inform both their new and previous employer that they wish to take up the new contract. The former employer will be responsible for backpay between date A and the date of moving to the new employer, based on the job plan it is likely would have been agreed if the new contract had been introduced for the former post.
(ii) Consultant changes employer between date B and date C
A consultant gives a formal commitment, but then moves to a new NHS employer before completing a job plan.
The consultant should, either on giving their formal commitment or on accepting the job offer from the new employer (whichever occurs later), inform the new employer that they have given this commitment. The consultant should then make every effort to agree a new job plan within three months of moving to their new post. The former employer will be responsible for backpay between date A and the date of moving to the new employer, based on the job plan it is likely would have been agreed if the new contract had been introduced for the former post.
(iii) Consultant has changed post (but not employer) between dates A and B
The consultant should give a formal commitment to the new contract in the usual way. Back pay between date A and the change of post will be based on the job plan it is likely would have been agreed if the new contract had been introduced for the former post.
(iv) Consultant changes post (but not employer) between dates B and C
The consultant should give a formal commitment to the new contract in the usual way. The consultant will be expected to make every effort to agree a new job plan within three months of the change in post. Back pay between date A and the change of post will be based on the job plan it is likely would have been agreed if the new contract had been introduced for the former post.
(v) Change in on-call arrangements before date C
Where there is a significant change in either the frequency or the likelihood of recall between date A and date C, the backdated supplement for the first period should be based on the former on-call arrangements.
(vi) Change in full-time/part-time status
Where a consultant has moved from full-time to part-time status or vice-versa between date A and date C, or has agreed a new part-time job based on a different commitment, back pay for the relevant period should be based on the job plan it is likely would have been agreed for the previous post.
(vii) Intensity Supplements
Under the new contract intensity supplements will no longer be payable. However, eligible consultants will continue to have been paid intensity supplements since 1 April 2003 and will continue to do so until they formally move onto the new contract. For these consultants, intensity supplements should be netted off the backdated pay.
(viii) Other payments
Where the new prospectively agreed job plans include work that has previously been paid for in other ways (e.g. TANHDs), then such payments will need to be netted off the backdated amount.