http://www.hospitalphysics.org.uk/

Agenda for Change Reviews and Appeals

Niall MacDougallHPA NPC

Harrogate 2006

niall.macdougall@bartsandthelondon.nhs.uk

http://www.hospitalphysics.org.uk/

Amicus Guidance

• See Amicus Guidance on Undergoing A review of Your Matching Outcome– This presentation and handout is a profession

specific supplement

• This is HPA guidance based on experience and knowledge of AfC

• The HPA is extremely concerned by some results and misapplication of KTE and profiles

http://www.hospitalphysics.org.uk/

• Appeal - Breach of Process– Failure of local AfC team to follow national or

local protocols

• Review – The JE result is “wrong” – Happens more often than it should… or

should that be more often than not…

Appeal, Review?What is the difference?

http://www.hospitalphysics.org.uk/

• Appeal– 6 Month Time Limit– Grievance related– Can be before or after review

• Review– 3 Month time limit– A second evaluation panel reconsiders outcome– Only one review– Outcome can go up, down or remain unchanged

Appeal, Review?What is the difference?

http://www.hospitalphysics.org.uk/

When is it an Appeal?

• Appeal– did both you and your manager agree your JD and

sign it ?– were appropriate advisors knowledgeable about

the post questioned on the details ?– have you been matched to the appropriate

occupational group?– Did your Trust agree local procedures in

partnership with staffside ?– Were the national matching rules followed ?

http://www.hospitalphysics.org.uk/

• Review – Does the job statement (top of the national

profile) describe what you do?– Are each of the factors applied correctly

especially• Knowledge and training (KTE factor 2) • Freedom to Act (factor 12)

– These are the only two factors that must agree with the profile. If factor 2 or 12 do not match the profile the outcome will change. More on factor 2 later…

When is it a Review?

http://www.hospitalphysics.org.uk/

Expected Results

• Know what ‘should’ happen

http://www.hospitalphysics.org.uk/

Trainees

• Basic Trainees– Should not have matched– Should be paid a % of Band 7

• See T&C Handbook Annex U Para 3

• Higher Trainees– Ought to have match Registered Physicist

profile• If argued against on word “register” appeal for

breach of process: none of the individual 16 factors mention state registration

http://www.hospitalphysics.org.uk/

Should I Request A Review/Appeal

• If you are happy with outcome– NO !

• If you are unhappy / feeling murderous– Definitely!– more likely to be review than Appeal– Seek Advice… and act NOW– Do not bow to inappropriate pressure!!!

http://www.hospitalphysics.org.uk/

• None!!! All been removed• Registered Physicist Profile (band 7)• Principal Physicist Profile (8a)• Consultant Physicist Profile (8c/d)

• Generic Health Care Science (boo!)– Inappropriate in most cases

• Professional Managers – Inappropriate in most cases: Appeal!

• JAQ– This is really fun.

Available (relevant) Profiles

http://www.hospitalphysics.org.uk/

What if too much time has passed?

• All is not lost….

http://www.hospitalphysics.org.uk/

Last chance saloon

• Clinical Scientist Profiles all removed

• But, this means

• Can request rematch if matched to these profiles…– “It is recommended that panels revisit

matches to these profiles to satisfy themselves that the outcomes are correct”

http://www.hospitalphysics.org.uk/

Key Issues

• Factor 2: KTE

• Read factor definitions and compare with reasons for matching

• What questions were asked of advisors?

• This isn’t just about you but the future of the profession…

http://www.hospitalphysics.org.uk/

KTE

• Basic Trainee (i.e. grade A)– Not Applicable should not be matched

• Higher Trainee (B8-11 in old money)– Minimum 7

• All Others– 8 (accept no arguments, ‘cause you’ll get

plenty)

http://www.hospitalphysics.org.uk/

KTE 8 Reasons

• Our job entry requirements (i.e. end of grade A) are level 7 (possibly 8…) – Masters degree is level 7 master plus diploma level 8

(Dip IPEM ?)– See JE hand book V2 KTE definitions

• Our corporate membership/ registration threshold – Requires 2 more years structured specialist higher

training– Para 7.1 page 48 JE handbook V 2

http://www.hospitalphysics.org.uk/

Level 7 to Level 8

http://www.hospitalphysics.org.uk/

Other Issues

• Working Hours:– Advised to either take TOIL or O/T if you work

over contracted hours.• This is part of the equal pay package

– TOIL DOES apply to bands 8/9.– “Hours as required” IS DEAD

http://www.hospitalphysics.org.uk/

Other Issues

• Band 8 Overtime

• No progress, very frustrating– Band 7 staff working same hours as band 8a

staff can earn more for same hours when overtime taken into account.

• How is this “equal pay for work of equal value”?

http://www.hospitalphysics.org.uk/

Review & Appeal Process

• Get Result• Unhappy • Read advice & seek clarification• Lodge formal request Urgently

– Detail may follow (AfC team may not like this)– Detail MUST be worked on well– Are professional skills are report writing, interpretation of rules

provision of evidence, explaining complicated issues to those who struggle to understand them - use all of these and give examples. (See website for further support materials)

• Informal meeting (likely & may be helpful)• Review panel or appeal hearing

– WILL DECIDE BASED ON YOUR EVIDENCE

http://www.hospitalphysics.org.uk/

Summary

• Unless you are content with outcome– Seek immediate advice– Act Quickly– Don’t assume result is correct as you pay is

“about the same”– Be persistent– Talk to nice people at HPA!

http://www.hospitalphysics.org.uk/

Thanks

• To you all for listening

• To Mark Rawson for some slides