The 2016 contract is safer and fairer for doctors and dentists in training and for patients. In addition to the protections offered by the working time regulations (WTR), the contract provides safeguards on working hours and patterns which will be reflected in work schedules. Resident Doctors are provided with a work schedule comprising; learning objectives, salary information and a rota template that is representative of their expected working pattern.
Medical Workforce ensure this template is compliant with the safe working rules outlined in the 2016 contract. It should be used by departments to create a roster for the trainee’s placement.
If you wish to review the safeguards, a full list can be found on the NHS Employers website at the following link:
Rota rules at a glance | NHS Employers
1.1 Exception Reporting
Resident Doctors whose working hours or working pattern deviate significantly from their personalised work schedule should submit an exception report to document these occurrences. This will help to identify rotas or working patterns where hours regularly differ from those set out in the work schedule, allowing issues to be escalated, appropriate support to be put in place, and solutions to be agreed.
Where this has resulted in additional hours being worked, recompense should be provided in the form of time off in lieu (TOIL) or payment. Any TOIL must be scheduled within the duration of that post and set within four weeks of the event occurring.
Similarly, if you miss scheduled educational opportunities or are unable to achieve planned learning objectives, you should submit a training exception report. Alternative arrangements can then be planned.
Please note that, following recent reforms to exception reporting, we want to ensure you have access to the system at the earliest possible point after joining the Trust. Exception reports will be reviewed by Medical HR or the Director of Medical Education (DME). To support timely action, we ask that you:
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Escalate any queries or concerns regarding system access to plh-tr.exceptionreporting@nhs.net
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Log into the system at the earliest possible opportunity
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Submit a test exception report within seven days of starting
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Submit exception reports in a timely manner, ensuring all required information is included
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Provide supporting evidence (time, date, and location) for each exception report
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Self‑declare for each exception report that all details are accurate, in line with Schedule 5, paragraph 9 of the 2016 Terms and Conditions of Service (TCS), and submit supporting evidence
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Identify your preferred outcome for any upheld exception report (payment or TOIL)
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Where TOIL is chosen, actively schedule and take TOIL within the agreed timeframe
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Engage with the detriment survey where applicable
Please note that access to exception report data is limited to a defined group of individuals. Further details, including a process map, are available on SharePoint (log in required).
Exception reporting should be completed using the Allocate Exception Reporting system. When you commence in post, you will be provided with a username, password, and a link to access the system.
The rota name you should exception report against will be detailed on your work schedule.
When submitting an exception report, please provide as much detail as possible. If you experience any difficulties accessing the electronic system, please contact the Medical Workforce Team at plh-tr.exceptionreporting@nhs.net
For further information, please refer to the Exception Reporting and Work Schedule Policy - Resident Doctors, which is available on our intranet (log in required).
1.2 Breaks
Entitlement to breaks is as follows:
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At least one 30-minute paid break for a shift rostered to last more than five hours,
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A second 30-minute paid break for a shift rostered to last more than nine hours, a
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A third 30-minute paid break for a night shift rostered to last 12 hours or more.
These would normally be taken separately but may if necessary be combined into one longer break. Where the breaks are combined into one break this must be taken as near as possible to the middle of the shift. No break should be taken within an hour of the shift commencing or held over to be taken at the end of the shift.
If you are unable to take 25% of your breaks over a 4-week period this will result in a guardian fine being imposed on the trust.
1.3 Work Schedules
You should have been sent a generic work schedule by the Medical Workforce Team prior to commencing your new post.
Please review the working arrangement to ensure the working pattern is accurate to ensure you are being correctly paid (example shown below):
Things to check:
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Your working arrangement is normally a generic template (unless it is a bespoke rota personal to you) - your actual roster should have similar shift patterns but not in this exact order (due to leave etc.).
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For each type of shift, ensure the start and finish time is appropriate.
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NR start / finish times refer to non-resident on-calls. Between these times you are not obliged to be resident. The estimated call-out is typical work done (including travel/phone calls) during this time and determines the pay you receive per on-call.
Your work schedule will also include the above figures/calculations:
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Average hours (with allowance for leave) takes into account prospective cover, i.e. that you re-provide enhanced pay shifts when taking leave.
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All lines should say PASS, as this is generated by the contract compliance checking software
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Pay is outlined on the right-hand box
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Check your basic salary (nodal point) is correct. This is the pay for 40 hours without any enhancements
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Additional rostered hours (51/4 in above example) are those hours per week above 40 and are paid pro-rata from basic salary
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Weekend allowance is a % of basic salary, dependent of weekend frequency
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Night premium is the number of your total hours per week that attract the 37% enhancement for anti-social hours)
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Availability allowance is added if you perform non-resident on-calls
1.4 Work Schedule Reviews
Where exception reports for a particular rota form a pattern, a work schedule review is required to enact organisational or rota changes to prevent recurrences. This is the formal process by which changes to the work schedule may be suggested or agreed. This can be triggered by one or more exception reports, or by a request from either the doctor or the employer.
1.5 The Guardian of Safe Working
The current Guardian of Safe Working Hours for the Trust is Dr. Ahmed Ali, Consultant in Emergency Medicine.
The Guardian is a senior appointment made jointly by the Trust and Resident doctors, who ensures that issues of compliance with safe working hours are addressed by the doctor and the Trust.
The Guardian works with Care Groups to ensure that they are monitoring information and taking appropriate action. Part of their role is to provide assurance to the Board that doctors’ hours are safe.
For any issues that cannot be solved easily at a local / dept level regarding your contract, pay, exception reporting etc. please contact him at plh-tr.plymouthguardian@nhs.net
1.6 Resident Doctors' Forum
The Guardian also co-chairs the Resident Doctors’ Forum along with the RDRC (Resident Doctor Representative Committee) chair. This is a quarterly meeting where Resident Doctors can raise working pattern issues, review exception reporting data, and provide advice and scrutiny to the distribution and expenditure of any fines. The group is made up of trainee representatives elected by their colleagues, including representatives from the LNC, RDRC, Mess Committee and the Chair of the LNC. It will also include relevant educational and HR colleagues as agreed by the group.
