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Dr B, a Consultant in Rheumatology working to a 14 Programmed Activities (PA) job plan, was asked by their Trust to see 33 additional patients in a week to avoid breaching the agreed waiting time for the Waiting List Initiative. This was a one off request but not included in their job plan, and Dr B had concerns about the impact of agreeing to the trust’s request for additional clinics would have had on their workload.
These three options were discussed by the trust with them:
Dr B thought the first option would be unsafe, as cancelling follow up clinics means current sick patients would be put at risk. The third option has been dismissed by the Trust.
Dr B approached MDS as they wanted to know what their legal options were in this situation
After examining Dr B’s employment contract and job plan, MDS confirmed to Dr B that they were not contractually obliged to fulfil the trust’s request for additional clinics to see the extra patients, as the work was not part of their agreed job plan or contractual obligations under their employment contract. However, Dr B was bound under the Good Medical Practice to place patient care as their primary concern.
MDS advice was that if Dr B decided to see the extra patients, they should check the current hourly rate with their Local Negotiating Committee at their Trust. As a second option, Dr B could ask the Trust to reconsider engaging the service of a Locum Consultant.
Dr B later had a meeting with the Trust’s management to discuss the options based on MDS’s advice, resulting in the Trust deciding to hire a Locum to see the extra patients.
Dr B was very satisfied with the service provided by MDS.
Due to the NHS’s initiatives to cut patients’ waiting times, doctors are often asked to see extra patients, beyond their agreed job plan and employment contractual obligations. In such circumstances, it is important that doctors seek professional advice regarding their employment and contractual rights before agreeing to similar requests.
Find yourself in a similar situation? Contact MDS as soon as possible to discuss your situation, our team will support you in making the best decision for you and your patients. Call our office on 0300 30 32 442 or email or case managers at [email protected] mentioning your membership number.
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