Medical & Dental staff

Schedule 2 - Mediation & appeals

Index:

• Mediation
• Stage 1
• Stage 2
• Formal appeal
• The list
• Membership of the appeals panel
• Administration

13.4 Mediation

13.4.1 Job plans and variations to job plans should be agreed between the University employer, NHS employer and the clinical academic consultant 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 clinical academic consultant and his/her immediate University or NHS managers. In such circumstances the process set out below will be followed:

Stage 1

The clinical academic consultant 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 a Head of Division from another Clinical Division within the University who was neither directly nor indirectly involved in the job plan under disagreement. The nominated Head of Division will consult with the Divisional Medical Director/Director of Public Health. If the 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 nominated Head of Division and agreed with the clinical academic consultant and Divisional Medical Director/Director of Public Health. The nominated Head of Division, working with the Divisional Medical Director/Director of Public Health (or other agreed person), will convene a meeting with the clinical academic consultant 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 nominated Head of Division, 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 clinical academic consultant 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 successor equivalent) or NHS Board Chief Executive.

Stage 2

Following receipt of this decision, where exceptionally a clinical academic consultant remains dissatisfied with the proposed job plan, he/she may refer the point of disagreement to the University Head of College of MVLS, or acting Head of College as circumstances permit, (as a nominee of the territorial Vice Principal) who will consult with the Divisional Chief Executive (or in the case of a clinical academic consultant in public health medicine, the Chief Executive of the NHS Board). This referral should be made, in writing, within two weeks of the receipt of the decision. The Head of College (or other nominee of the territorial Vice Principal), in consultation with the Divisional Chief Executive (or Chief Executive of the NHS Board in the case of a clinical academic consultant in public health medicine) will convene a meeting with the clinical academic consultant and the University and NHS managers 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 (or other nominee of the territorial Vice Principal), in consultation with the Divisional Chief Executive (or Chief Executive of the NHS Board in the case of a clinical academic consultant in public health medicine) will, normally within two weeks of the meeting, advise the clinical academic consultant 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

13.4.2 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 Head of College of MVLS (or other nominee of the territorial Vice Principal), where a clinical academic consultant 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; Where the point of dispute is around clinical service the chair will be a Senior NHS appointee with the authority to introduce any required clinical load changes;
• One member nominated by the clinical academic consultant;
• One member appointed from an agreed clinical academic consultants' appeals panel list.

The current GU appeals panel list (provisionally) comprises the following names:

Professor Jim McKillop
Professor Stuart Cobbe
Professor Barry Gusterson
Professor Hugh Willison
Professor David Wray
Professor Roger Sturrock
Professor Graham Watt

13.4.3 Where either the clinical academic consultant or the University or NHS employer requires it, the appeals panel will hear expert advice on matters specific to a specialty.

The list

13.4.4 A list of members (the clinical academic consultants' appeals panel list) suitable for
acting as the third appeals panel member will be agreed between the University
Employer, the NHS Board, the BMA Medical Academic Staff representative and,
where appropriate, the representative of the BDA. If a local list is unavailable, the
third member should be drawn from a “national” list, which will be the combined
list of all those which have been agreed.

13.4.5 The member from the list will be nominated by the Principal after discussion with
the NHS Employer and the clinical academic consultant or their 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.

13.4.6 The list should be regularly reviewed.

Membership of the appeals panel

13.4.7 No one will be a member of the appeals panel if they have been involved directly or
indirectly in the job plan under disagreement.

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

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

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

13.4.11 The employer and clinical academic consultant nominees will be University
employees or NHS employees/NHS Board members.

Administration

13.4.12 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.

13.4.13 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 clinical academic consultant will have effect from
the date at which the clinical academic consultant gave notice of their intention to
appeal formally.

Fiona McLachlan
21 July 2004