University of Glasgow - MyGlasgow - People & Organisational Development - Medical & Dental staff - Doctors & Dentists at Honorary Consultant Level - Terms and Conditions for Senior Academic GPs (Section 16)

Terms and Conditions for Senior Academic GPs (Scotland) [Section 16]

Index:

Introduction

(i) The terms and conditions set out in this document apply to senior academic GPs. A senior academic GP is defined as a clinical academic specialising in Primary Care who has a substantive contract of employment with a Higher Education Institution (HEI) or other organisation at senior lecturer level or above and is considered to be undertaking duties and responsibilities commensurate with clinical academic consultants. S/he will be a registered general practitioner and practising clinician normally based in an undergraduate medical school. In addition, a senior academic GP will normally, but not necessarily, have an honorary contract with a partner NHS Board and be expected to take part in joint job planning and joint appraisal.

(ii) Senior academic GPs are equivalent to clinical academic consultants and, in recognition of this parity, these terms and conditions are based on those set out in Section 13 of the 2004 Scottish Consultant Contract which details the terms and conditions applying to clinical academic consultants in Scotland. Like Section 13, these terms and conditions refer, where appropriate, to relevant sections of the 2004 Scottish Consultant Contract and should therefore be read in conjunction with that document.

(iii) Senior academic GPs will normally hold honorary NHS contracts for clinical and/or research governance reasons and to protect their interests by making clear the nature of their relationship with the NHS organisation with which the honorary contract is held. In cases where a senior academic GP works for more than one NHS Employer, one of these NHS Employers will be identified as the "lead" NHS Employer. The NHS Employer will take on the role of coordinating the NHS input into job planning and joint appraisal and will also lead on issues arising out of the indirect clinical services carried out as part of the senior academic GP's honorary contract (as defined in paragraphs 4.2.4-4.2.9 of the 2004 Scottish Consultant Contract). Where the senior academic GP undertakes direct clinical services at a GP practice, the GP practice will take the lead on any issues arising out of this work.

(iv) These terms and conditions of service should be applied in association with the guidance at Annex A which also covers the approach to be taken with senior academic GPs who are employed in HEIs, or other organisations, in a research and/or teaching capacity on a part time basis and also work on an independent contractor or salaried basis at a GP practice or practices under the new General Medical Services contract.

(v) The terms and conditions set out in this document, together with those sections of the 2004 Scottish Consultant Contract and its appendices referred to, govern the delivery of duties under the honorary NHS contract and should be read in conjunction with the terms and conditions of the University Employer which, taken together, provide the full contractual framework within which the senior academic GP is expected to deliver his/her agreed duties and is remunerated.

(vi) Throughout this document, the term "senior academic GP" is understood to refer to the definition used in the first paragraph of this introduction. The term "NHS Employer" is taken to mean the NHS body issuing the honorary contract and the term "University Employer" is taken to mean the substantive HEI employer (or other substantive employer such as a medical charity or research council). The term "academic activities" is taken to include academic-related activities such as administration and management undertaken on behalf of the University Employer and the phrase "fee paying work" refers to any remunerated work undertaken by a senior academic GP where this remuneration does not arise as part of either his/her substantive contract or honorary contract, excluding private practice.

1. Pay parity and the working week

Principles

1.1 There will be consistency in approach between universities and across the NHS in Scotland in the application to senior academic GPs of these terms and conditions of service, with incorporation of the principles of the Follett Review into the terms and conditions affecting senior academic GPs with honorary NHS contracts.

1.2 Pay equivalence for senior academic GPs will be achieved by linkage to the 2004 Scottish Consultant Contract which allows, in the case of full-time consultants, for a core commitment of 10 weekly programmed activities and up to 2 extra programmed activities. In exceptional circumstances, and subject to the legal requirements of the Working Time Regulations, the limits of 2 EPAs and 12 PAs in total may be extended.

1.3 Pay will be determined on the basis of a joint assessment of the current and prospective clinical and academic components of the senior academic GP's integrated workload by the University Employer, the NHS Employer and the senior academic GP through the job planning process.

1.4 Superannuable pay will be the senior academic GP's basic salary (plus any extra programmed activities up to 10 programmed activities in total). Superannuable pay will also include any additional payments for which senior academic GPs are eligible and which are deemed to be superannuable, as defined within the HEI superannuation regulations, or any other agreed superannuable salary.

1.5 The core academic and clinical service commitments taken together will not exceed the equivalent of 10 weekly programmed activities (see paragraphs 1.8 and 1.9) or, with extra programmed activities (see paragraphs 1.10 to 1.13), normally 12 weekly programmed activities in total. These commitments, which make up the integrated job plan (see paragraph 2.1), will be carried out by cross-referencing substantive University and honorary NHS contracts and direct clinical care commitments, with clinical and academic elements given equal weight. Termination of one contract will result in a review of the other contract which may only be terminated after due process of the other employer.

1.6 For senior academic GPs, university activities governed by their substantive contract will include:

undergraduate teaching and assessment;
research;
administration and management undertaken on behalf of the University employer.

1.7 Programmed activities for senior academic GPs working under their honorary contract will include:

direct clinical care duties;
supporting professional activities;
additional agreed responsibilities;
other agreed external duties.
Pay Linked to Core Activities

1.8 For a full-time senior academic GP, the equivalent of 5 weekly programmed activities will be set as the floor for the core academic component of pay. Core academic pay may nevertheless be varied upwards (e.g. where a senior academic GP has a substantive university administrative or managerial role), subject to a maximum equivalent to 10 weekly programmed activities, by agreement between the University Employer and the senior academic GP, in consultation with the NHS Employer.

1.9 For a full-time senior academic GP, 5 weekly programmed activities will be set as the core commitment for the clinical service related component of pay covered by the honorary NHS element of the combined substantive and honorary contracts (but see also paragraph 2.2 below), subject to variation by agreement between the NHS Employer, the University Employer and the senior academic GP.

Pay linked to extra programmed activities

1.10 A senior academic GP with a core commitment equivalent to 5 weekly academic programmed activities will additionally be offered by the University Employer the equivalent of 1 extra weekly programmed activity over and above the core academic related component of pay, except where he/she undertakes the normal maximum of 2 extra weekly clinical service programmed activities by agreement (see paragraph 1.13) or is contracted to work part-time. The senior academic GP will be under no obligation to accept the offer of the equivalent of 1 extra weekly academic programmed activity and failure to do so will not influence pay progression.

1.11 Where a senior academic GP has a substantive university administrative or managerial role, the equivalent of 2 extra weekly programmed activities over and above the core academic-related component of pay may be offered by the University Employer, in consultation with the NHS Employer.

1.12 Normally, for full time senior academic GPs, not more than 1 extra weekly clinical service programmed activity will be contracted for locally over and above the core commitment of 5 weekly clinical service programmed activities. Nevertheless, the number of extra clinical service programmed activities may be varied by agreement between the NHS Employer, the University Employer and the senior academic GP, subject to a maximum within the integrated job plan equivalent normally to 12 weekly programmed activities for clinical service and academic activities combined.

1.13 Where a senior academic GP undertakes 2, or exceptionally more than 2, extra weekly clinical service programmed activities by agreement with the NHS and University Employers (see paragraph 1.12), extra academic activity equivalents (see paragraphs 1.10 and 1.11) over and above a core equivalent to 5 programmed activities will not normally be offered by the University Employer until such time as the contractual commitment to extra clinical service programmed activities falls to below 2 extra programmed activities.

2. Job planning

2.1 There will be assessments of the academic and clinical workloads, which together constitute the integrated workload, implemented via an integrated job plan which will be jointly agreed with the senior academic GP by the University Employer and the NHS Employer prior to appointment and at the annual job plan review. Where appropriate, the integrated job plan will pay due regard to the extent of the direct clinical services undertaken at a GP practice/s. Senior academic GPs will be accountable to the University Employer (usually via the Head of School/RI) through their substantive contract and via their honorary contract to the NHS body (or bodies) in which they work (usually via the Clinical Director, Medical Director or Director of Public Health).

2.2 The core commitment of a full-time senior academic GP to clinical service will be set at 5 weekly programmed activities, and will normally not exceed 6 programmed activities per week. Nevertheless, the clinical service component may be varied outwith these parameters by agreement between the senior academic GP and the Head of School/RI and Clinical Director/Medical Director/Director of Public Health (or their nominees). Unless otherwise agreed with the NHS manager, the ratio of direct clinical care activities to supporting professional activities as outlined at Section 4.2.2 of the 2004 Scottish Consultant Contract will be applied to the core clinical service commitment.

3. Job plan review

3.1 The integrated job plan will be reviewed annually. The integrated job plan review will be informed by the same information systems that also feed into appraisal, and by the outcome of the appraisal discussion.

3.2 An interim job plan review will be conducted where duties, responsibilities or objectives have changed or need to change significantly within the year.

3.3 The job plan review will be carried out by the senior academic GP and the Head of School/RI (or other appropriate person nominated by the head of College - designated in the following paragraphs as the University manager) jointly with the Medical Director/Director of Public Health or the Clinical Director, or other lead clinician nominated by the Medical Director/Director of Public Health (designated below as the NHS manager). The job plan review will look at the job content and objectives as well as the delivery of commitments.

3.4 As part of the job plan review, progress against objectives and factors affecting delivery will be considered. The University and NHS managers and the senior academic GP should discuss whether targets had been set at the right level, resources provided by each organisation were adequate, and whether the timetable of time and service commitments should be amended.

3.5 The University Employer may decide to delay progression through seniority points in any year only where it can be demonstrated that, in that year, the senior academic GP has not:

met the time and service commitments in his/her job plan; or
met the personal objectives in his/her job plan or - where this is not achieved for reasons beyond the individual senior academic GP's control - has made every reasonable effort to do so; or
participated satisfactorily in annual appraisal, job planning and objective setting; or
worked towards any changes agreed as being necessary to support achievement of both organisations' service objectives in the last job plan review; or
allowed, in preference to any other organisation, the NHS to utilise the first portion of any additional capacity (see paragraph 6.1) he/she has; or
met the required standards of conduct governing the relationship between private practice or fee paying work and University or NHS commitments.

3.6 Following the annual job plan review, the University manager, jointly with the NHS manager will make a report on whether the senior academic GP has met the criteria set out at paragraph 3.5, taking into account the provisions at paragraph 5.3. This report will be prepared by the University manager within 2 weeks of the job plan meeting and will be sent to the senior academic GP and the Head of College and Chief Executive. Where the senior academic GP disagrees with the terms of the report he/she will be entitled to invoke the process set out in paragraph 4.1 (stage 1).

3.7 Where the Head of College makes a recommendation to the Vice-Principal, based upon the University manager's report, that progression through seniority points should be withheld in any year, the senior academic GP will be entitled to invoke the process set out in paragraph 4.1 (stage 2).

3.8 Following receipt of any decision by the Vice-Principal to withhold progression through seniority points, the senior academic GP will be entitled to present a formal appeal to the University Employer under the terms of paragraphs 4.2 -4.13.

4. Mediation and appeals

Mediation

4.1 Job plans and variations to job plans should be agreed between the University Employer, NHS Employer and the senior academic GP after full discussion and with all parties using their best endeavours to resolve any issues arising. This should include referral for mediation by more senior management in the event of continuing disagreement between the senior academic GP and his/her immediate University or NHS managers. In such circumstances the process set out below will be followed:

Stage 1

The senior academic GP and/or University manager or NHS manager will, within two weeks of the exhaustion of their initial discussions, refer the point of disagreement, in writing, to the Head of College who will consult with the Divisional Medical Director/Director of Public Health. If the Head of College or Divisional Medical Director/Director of Public Health was involved directly or indirectly in the job plan under disagreement, the referral will be to another appropriate person nominated by the Head of College and agreed with the senior academic GP and Divisional Medical Director/Director of Public Health. The Head of College, working with the Divisional Medical Director/Director of Public Health (or other agreed person), will convene a meeting with the senior academic GP and the University and NHS managers, normally within three weeks of the referral, to discuss the point of disagreement and to hear the parties' consideration of the issues. All parties will use their best endeavours to ensure that agreement is reached at this stage. The Head of College, in consultation with the Divisional Medical Director/Director of Public Health (or other agreed person) will, normally within two weeks of the meeting, advise the senior academic GP and the University and NHS managers of his/her decision concerning the point of disagreement, giving full reasons to explain his/her decision.

For a Medical Director or Director of Public Health, mediation will take place via a suitable individual nominated by the Divisional Chief Executive or NHS Board Chief Executive.

Stage 2

Following receipt of this decision, where exceptionally a senior academic GP remains dissatisfied with the proposed job plan, he/she may refer the point of disagreement to the University Vice-Principal (or other appropriate person nominated by the Vice-Principal) who will consult with the Divisional Chief Executive. This referral should be made, in writing, within two weeks of the receipt of the decision. The Vice-Principal (or nominee), in consultation with the Divisional Chief Executive will convene a meeting with the senior academic GP and the University and NHS managers, normally within three weeks of the referral, to discuss the point of disagreement and to hear the parties' consideration of the issues. All parties will use their best endeavours to ensure that agreement is reached at this stage. The Vice-Principal (or nominee), in consultation with the Divisional Chief Executive will, normally within two weeks of the meeting, advise the senior academic GP and the University and NHS managers of his/her decision concerning the point of disagreement, giving full reasons to explain his/her decision.

Formal appeal

4.2 There may be exceptional cases where agreement cannot be reached through mediation. In such circumstances the process set out below will be followed:

Following receipt of the decision from the Vice-Principal (or nominee), where a senior academic GP remains dissatisfied with the proposed job plan, he/she will be entitled to present a formal appeal to the University Employer. Such a request will be made in writing to the Principal within four weeks of the receipt of the decision. The Principal will, on receipt of a written request for appeal, convene an appeals panel which should meet normally within 6 weeks of the request. Membership of the panel will be:

One member nominated by the Principal on behalf of the University Employer, with the agreement of the Chief Executive of the NHS Board, who would act as the chair;
One member nominated by the senior academic GP;
One member appointed from an agreed appeals panel list (see paragraph 4.4).

4.3 Where either the senior academic GP or the University or NHS Employer requires it, the appeals panel will hear expert advice on matters specific to a specialty.

The list

4.4 A list of members (the senior academic GPs' appeals panel list) suitable for acting as the third appeals panel member will be agreed between the Universities and Colleges Employers Association, the NHS Employers Management Steering Group and the BMA Scottish Medical Academic Staff Committee.

4.5 The member from the list will be nominated by the Principal after discussion with the NHS Employer and the senior academic GP or his/her representative. Where there is a recognised incompatibility with the first member nominated, the Principal will select an alternative from the list. The Principal should endeavour to ensure that individuals on the list are normally used in rotation.

4.6 The list should be regularly reviewed.

Membership of the appeals panel

4.7 No one will be a member of the appeals panel if he/she has been involved directly or indirectly in the job plan under disagreement.

4.8 The senior academic GP has the right to be represented at each stage of the appeals process by a representative of the BMA or other trade union/professional association, or colleague.

4.9 The appeals panel will not include legal representatives acting in a professional capacity.

4.10 Appeals panel members do not act in an advocacy role but are expected to judge each case on its merits.

4.11 The employer and senior academic GP nominees will be employed by a University or be NHS employees/NHS Board members.

Administration

4.12 The appeals panel will make a final decision (on a majority basis) on the proposed job plan which will be binding on both parties; no further right of appeal exists.

4.13 No point of disagreement of the job plan will be implemented until confirmed by the outcome of the formal appeal except that any decision of the panel which has implications for the salary of the senior academic GP will have effect from the date at which the senior academic GP gave notice of his/her intention to appeal formally.

5. Starting salary and progression through seniority points

5.1 There are both clinical and academic factors to be considered and applied in determining the starting salary point for a senior academic GP's substantive contract. As regards the NHS elements, employers will be expected to take account of the provisions of Sections 5.1 and 5.4 and Appendix 7 of the 2004 Scottish Consultant Contract. References to "consultants" in these sections can be taken, in the context of these terms and conditions to refer also to senior academic GPs. Time spent as a GP (above and beyond the period of time that a clinical academic consultant would typically spend in clinical training prior to achieving specialist registration) may also be taken into account in determining the starting salary point. For the purpose of calculating seniority, this notional period before achieving specialist registration will usually be assumed to be 10 years. The University Employer may also apply academic criteria (over and above the NHS terms and conditions) in determining the overall starting salary for a senior academic GP's integrated contract and this will not be less than the minimum point on the consultant pay scale.

5.2 Decisions on a senior academic GP's progression through seniority and pay points will be led by the University Employer (usually the Head of School/RI) but undertaken jointly with the NHS Employer (usually the Medical Director or Director of Public Health). These decisions will be informed by the annual job plan review. The appeals procedure relating to pay progression will be the same as set out for job planning in Section 4 above.

5.3 The senior academic GP will normally progress each year through the seniority points set out in Appendix 3 of the 2004 Scottish Consultant Contract. Progression through seniority points can only be withheld or delayed as detailed in paragraph 3.5.

5.4 Progression through seniority points will not be deferred in circumstances where the inability to meet the requirements set out in paragraph 3.5 above is occasioned by factors outwith the control of the senior academic GP, for example, absence on leave.

5.5 Progression through seniority points must not be related to or affected by the outcome of the appraisal process.

5.6 Where a manager believes that a senior academic GP is unlikely to meet the criteria set out in paragraph 3.5, an interim job plan review should be arranged to address this at the earliest opportunity.

6. Additional capacity

6.1 Additional capacity, in relation to private practice or fee paying work, will be deemed to exist where a full time senior academic GP is contracted for 5 clinical service weekly programmed activities (or less) within a total equivalent to less than 12 weekly programmed activities in the integrated job plan. The utilisation of extra programmed activities for direct clinical care, as detailed in paragraphs 4.4.6 - 4.4.12 of the 2004 Scottish Consultant Contract, should be subject to agreement between the senior academic GP, the University Employer and the NHS Employer. Where a senior academic GP does not personally profit (e.g. the profits are retained by the university/charity) from undertaking private practice or fee paying work as defined in paragraph 4.4.7 of the 2004 Scottish Consultant Contract, there will be no expectation that he/she should offer an extra programmed activity in order to qualify for pay progression.

7. Private practice or fee paying work

7.1 The rules and conditions regarding private practice or fee paying work, outlined in Section 6 and Appendix 8 of the 2004 Scottish Consultant Contract, apply equally to senior academic GPs as to clinical academic consultants. Where a senior academic GP wishes to undertake private practice or fee paying work, and this is allowed for under the terms of Section 6 of the 2004 Scottish Consultant Contractand is permitted under the terms of the University Employer's regulations, the impact on the university and NHS components of the senior academic GP's working week should be a matter for local determination by the University Employer (usually the Head of School/RI), with the full participation of the relevant NHS Medical Director/Director of Public Health, bearing in mind the need to achieve a fair balance between the individual's NHS and university commitments.

7.2 Any separate remunerated work undertaken by a senior academic GP explicitly on behalf of the University Employer will be exempt from the rule that he/she must first offer an extra programmed activity in order to qualify for pay progression. For all other remunerated work the same rules as apply to clinical academic consultants will apply.

8. Disciplinary and grievance procedures

8.1 The University Employer and NHS Employer will prepare agreed procedures for investigating and managing matters related to poor performance, discipline and grievance.

8.2 The University Employer and NHS Employer will agree on whether a matter related to poor performance, discipline or grievance will be dealt with under the procedures of the University Employer, or those of the NHS Employer and will work together at all stages of the jointly agreed procedures, irrespective of whether the issue has arisen in relation to the substantive or honorary contract.

8.3 Disciplinary or other proceedings undertaken by either the University Employer or NHS Employer resulting in the termination of either the substantive or honorary contract may have implications for the continuation of the other contract, which may only be terminated after due process of the other employer.

8.4 For senior academic GPs, the university procedures for disciplinary and grievance matters are laid down by statute. Therefore, any matter leading to disciplinary action which arises under the senior academic GP's honorary contract, even if it is the result of a jointly agreed and jointly administered procedure, may be the subject of a further procedure undertaken by the University Employer in accordance with statute. However, disciplinary and grievance matters arising under the substantive contract, and investigated and managed under university statute as part of a joint procedure, will not be subject to any such further university procedure.

9. Intellectual property

9.1 It is recognised that the University Employer and the NHS Employer (or grant awarding body funding the research and/or employing the senior academic GP engaged in research) will have rules about intellectual property. The rules that will apply to a particular piece of research will require a written agreement between all interested parties and must be made explicit to the senior academic GP before the particular piece of research commences. Work undertaken outwith the integrated job plan, and which is not related directly to activities undertaken within the job plan, will not be subject to the rules about intellectual property of the University or NHS Employer, or research council/charity where relevant (referred to below as the stakeholders). Work of this nature may nevertheless raise issues of sharing intellectual property if carried out with the stakeholders' equipment or within the stakeholders' time and in these circumstances should be agreed with the interested parties at the start of the work.

10. Annual leave and public holidays

10.1 The senior academic GP's annual leave and public holiday entitlement will be determined by the University Employer and set out in the substantive contract. It is expected that, in planning and taking annual leave, the senior academic GP will take into account the impact of the timing of annual leave on his/her clinical service and academic commitments and obtain the agreement of the appropriate University and NHS managers. Such agreement will not unreasonably be withheld. Where the annual leave entitlement does not incorporate university or public holidays, senior academic GPs who are required to work on any part of a university or public holiday to fulfil the requirements of their job plan shall receive a day off in lieu.

11. Transitional arrangements

Effective date

11.1 The following arrangements apply to the introduction of these terms and conditions of service from 1 February 2007, with salary backdated to 1 April 2004, or date of appointment if later, for current senior academic GPs who meet the conditions set out below.

Transfer of Current Senior Academic General Practitioners

11.2 A 'current senior academic GP' is defined as a senior academic GP appointed prior to 1 February 2007. All references to senior academic GPs in this section mean current senior academic GPs.

11.3 University Employers should, by 17 January 2007, make all senior academic GPs aware in writing of the availability of this new contract. A senior academic GP may opt to remain on his/her existing contract and terms and conditions of service without detriment. Where a senior academic GP wishes to transfer to these new terms and conditions, he/she should respond to his/her University Employer in writing by 24 January 2007. On receipt of written confirmation of a senior academic GP's intent to transfer to these new terms and conditions, the University and NHS Employers should immediately begin the joint job planning process with a view to agreeing a joint job plan with the senior academic GP by 31 January 2007.

11.4 A senior academic GP in post prior to 1 April 2004 who gives a written expression of intent to transfer to a contract governed by these terms and conditions in accordance with paragraph 11.3, and who agrees a job plan under the terms set out in paragraph 11.11 - 11.16 below, will progress on 1 February 2007 to the seniority point that would have applied at that date had the contract been available from 1 April 2004.

11.5 A senior academic GP appointed between 1 April 2004 and 31 January 2007, who gives a written expression of intent to transfer to a contract governed by these terms and conditions by 24 January 2007 or at the time of acceptance of appointment, and who agrees a job plan under the terms set out in paragraph 11.11 - 11.16 below, will progress, on 1 February 2007 or as soon as is practicable afterwards, to the seniority point that would have applied at that date had the contract been available from the date of the senior academic GP's appointment.

11.6 A senior academic GP who meets the criteria set out in paragraphs 11.4 or 11.5 above will be entitled to arrears of pay equivalent to the amount of pay he/she would have been entitled to receive had the contract been available from 1 April 2004, for a senior academic GP who was in post on that date, or from the date of appointment if this is between 1 April 2004 and 31 January 2007. This payment will be based upon the job plan agreed in connection with transfer to these terms and conditions of service, including any extra programmed activities. The payment will be made as soon as is practical after transfer to the new contract.

11.7 A senior academic GP may give a formal expression of intent to transfer to a contract governed by these terms and conditions under the terms of paragraphs 11.4 or 11.5, but be unable to agree a job plan by 31 January 2007 for reasons beyond his/her control, e.g. where the senior academic GP has invoked the appeals process, or where the employers are unable to organise the job planning process in time to meet this deadline. In these circumstances, the senior academic GP will transfer as soon as possible after 1 February 2007, and will be treated as having met the provisions of paragraphs 11.4 or 11.5.

11.8 A senior academic GP will be entitled to transfer to a contract governed by these terms and conditions at any time after 1 February 2007. Where he/she wishes to do so, he/she will enter into the process set out in paragraphs 11.11 to 11.16 below. The effective date of transfer for salary and seniority purposes will be the date of commencing work in accordance with the agreed job plan except in circumstances outlined in paragraph 11.9.

11.9 It is anticipated that the job planning process will normally be completed within six weeks of a senior academic GP writing to express interest in transferring to a contract governed by these terms and conditions. However, a senior academic GP may be unable to agree a job plan within six weeks for reasons beyond his/her control, e.g. where the appeals process has been invoked, or where the employers are unable to organise the job planning process in time to meet this deadline. In these circumstances, the senior academic GP will transfer as soon as possible, and the effective date of transfer for salary and seniority purposes will be six weeks after the date of expression of interest.

11.10 A senior academic GP who has not met the criteria set out in paragraphs 11.4, 11.5 or 11.7 will not be entitled to an arrears payment. In the event of any disagreement between the senior academic GP and the University Employer about the senior academic GP's entitlement to an arrears payment, the senior academic GP will have access to the appeals process as set out in paragraphs 4.2-4.13. For such a senior academic GP, the date of calculating seniority for the purposes of paragraph 11.17 is the date of transfer to these terms and conditions of service.

Agreeing the job plan on transfer

11.11 Where a senior academic GP has expressed interest in transferring to a contract governed by these terms and conditions of service, he/she will endeavour to agree a job plan with his/her employers. The job planning process, as detailed in Section 2, should be applied taking account of potential service redesign, existing duties and any existing job plan agreed under previous arrangements. Where either the senior academic GP or University or NHS Employer considers it necessary, the senior academic GP will, for a period to be agreed with the relevant employer, monitor his/her working hours by means of a model diary (see Appendix 6 of the 2004 Scottish Consultant Contract). This diary, along with any other appropriate supporting documentation provided by the senior academic GP and/or employers, will be used to inform the job planning process.

11.12 Where the senior academic GP is not able to reach agreement on a proposed job plan associated with transfer, he/she will have the right to invoke the appeals process as set out in Section 4.

11.13 If the senior academic GP remains dissatisfied with his/her proposed job plan after the conclusion of the appeals process, he/she may elect to remain on his/her existing contract and terms and conditions of service, under the terms of paragraph 11.3.

11.14 A full-time senior academic GP transferring to a contract governed by these terms and conditions of service will not be required to undertake programmed activities in excess of 10 per week where his/her agreement is withheld. Where a senior academic GP withholds agreement, this is not subject to appeal and there will be no detriment to progression through seniority points (subject to the provisions outlined at Section 6) or any other matter.

11.15 A part-time senior academic GP will be offered the choice of whether to take up a contract based on:

the number of programmed activities that are nearest in equivalence (to the nearest half unit) to his/her current notional hours; or
the number of programmed activities that are nearest in equivalence to his/her current working hours, as determined by the model diary (see Appendix 6 of the 2004 Scottish Consultant Contract) and taking account of the table in paragraph 4.2.2 of the 2004 Scottish Consultant Contract.

11.16 A senior academic GP (whether working full-time or part-time) who wishes to undertake private practice or fee paying work as outlined in Section 7, or who already undertakes such work, must inform the University Employer of this in writing as part of the initial job planning process on transfer.

Salary on transfer

11.17 On transfer to these terms and conditions of service, a senior academic GP will move to the appropriate salary level, linked to the senior academic GP's seniority, as detailed at Appendix A. Thereafter the transitional arrangements for eligibility for progression through seniority points set out in Appendix Awill apply.

11.18 For the purposes of Appendix A, a senior academic GP's seniority is either:

Current pay spine point (on the scale of 0 to 4) plus 1, for senior academic GPs who are not at the maximum of the old consultant scale: or
Sum of whole years completed on maximum of the old consultant scale, plus 5.

11.19 In determining seniority of a senior academic GP for the purposes of Appendix A, the University Employer will apply the criteria set out in Section 5.1 of these terms and conditions and paragraph 21 of Annex A.

Pay protection

11.20 Any senior academic GP who from the date of transfer to these terms and conditions receives lower pay, will be entitled to protection of the pay which he/she received under his/her old contract. Protection will be on a mark-time basis: that is, the senior academic GP will only be entitled to payment of the salary received under the old contract at the point of transfer, with no uplift in any further year, where this is higher in any year than the salary that he/she will be entitled to receive under these terms and conditions. This protection will, however, only extend for a maximum of five years after the date of transfer and, therefore, the only salary paid will be that which the senior academic GP is entitled to receive under these terms and conditions.

Protection will only be provided where:

the senior academic GP continues to undertake at least the same level of activity;
the senior academic GP remains employed by the same University Employer.

Arrangements for Senior Academic GPs who retire between 1 April 2004 and 31 January 2007

11.21 Where, between 1 April 2004 and 31 January 2007, a senior academic GP who would have been eligible to move on to these terms and conditions retires, including for reasons of ill-health, compulsory redundancy or organisational change, a superannuable payment will be applicable relating to the period of employment between 1 April 2004 and his/her date of retirement. This payment will reflect pay due had the contract been available from 1 April 2004, and will be based on the senior academic GP's basic salary. The University Employer will notify the Scottish Public Pensions Agency of this increase in superannuable remuneration and contributions arising from the payment of arrears to former employees.

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