Agenda for Change Reviews and Appeals

1. Agenda for Change Reviews and Appeals Niall MacDougall HPA NPC Harrogate 2006 niall.macdougall@bartsandthelondon.nhs.uk http://www.hospitalphysics.org.uk/

2. 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/

3. Appeal, Review?What is the difference? • 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… http://www.hospitalphysics.org.uk/

4. Appeal, Review?What is the difference? • 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 http://www.hospitalphysics.org.uk/

5. 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/

6. When is it a Review? • 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… http://www.hospitalphysics.org.uk/

7. Expected Results • Know what ‘should’ happen http://www.hospitalphysics.org.uk/

8. 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/

9. 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/

10. Available (relevant) Profiles • 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. http://www.hospitalphysics.org.uk/

11. What if too much time has passed? • All is not lost…. http://www.hospitalphysics.org.uk/

12. 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/

13. 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/

14. 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/

15. 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/

16. Level 7 to Level 8 http://www.hospitalphysics.org.uk/

17. 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/

18. 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/

19. 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/

20. 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/

21. Thanks • To you all for listening • To Mark Rawson for some slides http://www.hospitalphysics.org.uk/