HCSA News November 2011 Issue 62
DAY OF ACTION Where We Stand Advice for our members Choosing the New Council Your Pension: Survey Results news | views | people | contacts
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Editorial: Michael Barratt Stephen Campion Steve George Design - David Woods
This Issue Stephen to Retire
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HCSA Our Response to TUC Day of Action How to cope on day of Action
Tel: 01256 771777 e-mail: hcsanews@hcsa.com www.hcsa.com
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Cover: Pensions Justice Logo Courtesy of Trade Union Congress http://pensionsjustice.org.uk/ Published By: I.O Design Ltd www.iodesign.co.uk on behalf of the HCSA
HCSA News Employment Tribunal Changes 5 Answers on a Postcard? 5 Advisory Service 5 View Online Survey Results & Feedback Elections for Council
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Contact HCSA Contact Details 10
Stephen to Retire In the summer, HCSA Chief Executive, Stephen Campion, advised the Executive committee of his intention to retire next year. “I have loved every minute (well almost!) of this fantastic job” said Stephen. “The past 12 years have been hugely rewarding, both in terms of
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Any opinions and views expressed in this publication are not necessarily those of the Editor, Publisher, Sponsors or Advertisers of HCSA News. Where Links take you to other sites, the Editor, Publisher and Webmaster cannot be held responsible for the content of those sites. HCSA Logo, HCSA News and related devices are protected by registered copyright. ©2011 All Rights Reserved. Hospital Consultants & Specialists Association No reproduction of any material is permitted without express permission of the respective owners.
supporting the membership and the privilege that goes with working alongside such a first rate team.” And so began the hunt for a successor culminating in interviews which were held through open competition on 20 October. At the time of going to press an appointment has been made but the necessary formalities have yet to be completed. More on Stephen’s departure and the announcement of his successor will appear on the web-site as soon as possible and in the next edition of HCSA News.
HCSA News Issue No.62 - November 2011
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Our Response to TUC Day of Action At a meeting of its ruling Council held on 21 October,
the Hospital Consultants and Specialists Association considered whether to hold a members’ ballot to take industrial action on 30 November over the Government’s pension reforms. It did so in the context of Government proposals that will require hospital consultants to work longer before being able to access their pension, pay more in pension contributions, and receive considerably less than promised when they joined the scheme. The impact of the pension proposals will be felt by all hospital consultants. The newly-appointed and consultants of tomorrow will be the most significantly affected. President of Council, Dr Umesh Udeshi, consultant radiologist in Worcester, recognised the unfairness of what is being proposed. He reminded delegates that the damaging implications would be particularly felt by the lower paid but essential staff of the NHS, whilst also having a disproportionate and damaging effect on consultants who had worked hard throughout their careers. “The unfair pension proposals will have a negative impact for all NHS staff irrespective of salary, job, or length of service” he said “and it must be right that as senior members of the NHS Team we do what we can to defend everyone who has invested in the NHS Pension scheme who now stand to lose a great deal if these changes go ahead.” The HCSA Council took the view that as the HCSA was party to the continuing discussions with Government it would not be appropriate to take industrial action on 30 November. HCSA met with the Health Secretary on 18 October and continues in negotiations with Government. It agreed to reconsider this option if Government refused to hold meaningful negotiations around the contributions to the scheme, the pension
change from final salary to career average and the unfairness of reneging on a pension package agreed only three years ago. This is all the more unfair, as the NHS pension scheme is in surplus at present by some £2 billion per annum and the Treasury is taking this surplus and using it for general purposes, not investing it for future pensioners! The HCSA wants to be responsible but the facts are that Consultants are in the middle of a threeyear pay freeze, already contribute a higher proportion of their salaries to their pensions than lower paid staff, and will pay higher taxes both on their incomes and their pensions when they receive them. Consultants will be particularly disadvantaged by a career average based pension - it takes 19 years of completed service to reach the top of the salary scale, so the career average is lower than groups whose salary reaches the top of the scale much quicker. “We are doing our fair share! It seems the government just keeps coming back for more as they know that we will not advocate any industrial action which puts our patients at risk. We are certainly not ruling out the possibility of industrial action in the future” said Dr Udeshi, “although it would be a tragic state of affairs if senior hospital doctors were forced down that route. But unless or until the Government understands the very real damage created by these pension reforms I can see the day when doctors will indeed join their NHS colleagues of all disciplines in an unprecedented show of protest.” Whilst not taking industrial action on 30 November, the HCSA will be organising a number of local events and will work with local Trade Union branches to provide effective HCSA support on this the day of protest.
HCSA News Issue No.62 - November 2011
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How to Cope on Action Day The day of protest
about the unfairness of pension reform has been billed as one of the largest to affect the NHS and indeed the public services for many years. Various Trade Unions are supporting the protest in a number of different ways, including formal strike action in the NHS and working to rule. Inevitably there will be the potential for considerable disruption on the day – particularly in those NHS Trusts which have failed to agree contingency arrangements with their Unions and local representatives. So where does that leave HCSA members? The starting point has to recognise the law which states that members who fail to perform their contracts may be liable to disciplinary action. So refusing to cross a picket line means
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failing to turn up for work and is a disciplinary matter. Likewise refusing to cooperate or to carry out your usual duties will be a breach of contract. The more difficult question, though, arises if you are asked to do other work, in particular to cover for those who may be on strike. This is a probable scenario where Trusts have not made local contingency plans in advance. Should HCSA members be asked to cover for those who are taking lawful industrial action we will be offering an advice service at the Overton Office (01256 771777) where we can tailor guidance to individual circumstances and make representations to NHS Trusts on your behalf if necessary. The 30 November is essentially going to be a day of national protest but with events organised locally. Our view is that HCSA members and Local Negotiating Committees may want to discuss with colleagues from other Unions ways and means by which added support might be given to these local events. Again, the Office will be available to offer advice where a member needs guidance on what is lawful – or indeed whether instructions from Trust employers are reasonable under all the circumstances of the day.
HCSA News Issue No.62 - November 2011
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NEWS Employment Tribunal Changes
Any ideas as to what this means in plain English will be gratefully received.
The Government recently announced that the qualifying period for the right to claim unfair dismissal will be extended from one to two years on 6 April 2012. The Government’s announcement pre-empts its response to its consultation ‘Resolving Workplace Disputes’, which proposed the increased qualifying period. While business groups have welcomed the move, some commentators have expressed concern that the change may lead to an increase in the number of discrimination claims, for which there is no qualifying period.
Advisory Service
The Government claims that increasing the period to two years, combined with other proposals in the ‘Resolving Workplace Disputes’ consultation, should see the number of unfair dismissal claims drop by around 2,000 per year. Other proposals set out in the consultation included a fee for lodging tribunal claims. In his speech to the Conservative party conference the Chancellor of the Exchequer indicated that such a fee will be introduced from April 2013.
Answers on a Postcard? We have occasion to see regular examples of “management speak” and jargon from NHS Trust and other bodies during the course of our work. However, one recent case takes some beating. It read as follows:
“For staff working within clinical areas it is important to understand that as time progresses after the integration has occurred it may be necessary to review and consistency check evaluations revisiting and if necessary re-evaluating where inconsistencies cannot be objectively justified”.
The HCSA Advisory Service remains busy assisting HCSA members with a range of issues. The demand for advice, representation and legal support is provided in accordance with the HCSA Constitution a copy of which is available in the library section of the HCSA web-site. This was recently updated by Council particularly to reflect legal services being transferred from an insurance scheme basis to a firm of retained solicitors. Accordingly members are reminded that • Neither the HCSA nor its legal team will provide assistance to members on issues that pre-date HCSA membership. • Membership of the HCSA provides representation at disciplinary hearings by members of the HCSA staff. HCSA Membership does not entitle representation by a solicitor at such proceedings. • Services provided by the HCSA are discretionary having regard to the circumstances of each case. They will however not normally be denied, save where the costs of representation are for example disproportionate to anticipated outcomes or where a member is not prepared to accept the advice provided. In such case an appeal mechanism exists by application to the Overton Office. • HCSA will be unable to assist when members have commenced proceedings without HCSA involvement, or have been represented by another organisation. If you have any news or views you want our members to know about, then please get in touch with our editorial team at: e-mail: hcsanews@hcsa.com or call our head office on 01256 771777
HCSA News Issue No.62 - November 2011
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Pensions survey – members’ response Members will recall the on-line pensions survey which was open on the web-site from 12 August to 9 September. It attracted 382 participants who responded as follows:
Question 1 Have you considered the effects of the pension proposals as they currently stand and the extent to how they affect you personally?
Question 2: If yes do you feel that they will affect you:
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HCSA News Issue No.62 - November 2011
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Question 3: Do you think the pensions reform proposals are:
Quotes from our membership:
“The proposals by the Government are nothing short of Corporate fraud and misleading members. We all signed on to the NHS pension on what was promised.” “People plan their finances over a whole career based on the pension plan they are in. Changing the plan whilst still working/contributing is unfair. However making a new pension plan for all new starters would be fair and enable the pensions crisis to be addressed.” “Just unreasonable and unnecessary with a major demotivating effect. I will not be prepared to do everything I have been as a result of the treatment at the hands of my local trust which has been orchestrated by government.” “As the scheme is apparently paying for itself there is no justification to lessen the benefits promised those paying for so many years. I have heard no indication that MPs are having their hugely generous pensions and benefits reduced, nor any better control over their massively abused expenses.” “I believe that the NHS “pot” is currently sufficient for NHS pensions and I don’t think our benefits should be reduced to compensate in other areas. I want the pension that I signed up for. I have been in the scheme for 13y and it is unfair to suddenly change the outcome. If I had known 13y ago that the pension may not be very good, I could have saved my money and elected to take on a private pension.” HCSA News Issue No.62 - November 2011
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Question 4:Â Do you feel sufficiently aggrieved by the pension reform proposals to take part in some form of protest?
Question 5:Â Would you consider:
We are grateful to all those who took part. The responses will help us in the continuing negotiations around the threats to NHS pensions. We have been asked whether a pension calculator can be provided to help members in trying to assess the impact the pension reforms will have. The best we have seen so far can be found on the Pensions Justice web-site which provides additional information that might be helpful. Its web-site is www.pensionsjustice.org.uk
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HCSA News Issue No.62 - November 2011
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Elections for new Council The HCSA has always taken pride in being governed by its membership. It does this through the appointment and election of HCSA members to its ruling Council. The Council is the body ultimately accountable for policy, governance, direction and management of the HCSA. Currently it meets twice a year. Every Council member is appointed for a four year term of office. The last elections took place in 2007 although this was extended by one year in light of the potential boundary changes to the NHS as a result of the Health and Social Care Bill. Council agreed in October 2011 that the current constitution should continue, and that steps now be taken to establish a new Council. The constitution of the HCSA provides for Council members to be drawn from each of the Strategic Health Authority boundaries and comprise up to four members per SHA in England and two members from each of Wales, Scotland and Northern lreland. In addition Council supports nominations for one Specialist Registrar and one non-career grade member to have a seat each on Council as national representatives.
• Encouraging local HCSA Representatives at every NHS Trust in their Constituency. • Providing the Overton Office with information of newly appointed Consultants, Associate Specialists and Staff Grades and Specialist Registrars. • Keeping the Overton Office informed of local issues and problems so that the Association is able to offer support and advice. The HCSA has grown significantly in the past few years. We do urge you to contribute to that success by offering to play an active part in its continued development. HCSA members are therefore encouraged to complete and return the nomination paper enclosed. Existing Council members are eligible for re-appointment. In the event that more nominations are received than vacancies available an election will be held under independent scrutiny as required by law. Nomination forms should be returned by post to the Overton Office by 31 December 2011. The Overton Office will be pleased to answer any questions arising from this nomination process. The new Council will meet at 10.00 am on Friday 28 April 2012 in Nottingham.
Any full member of the HCSA is eligible to put their name forward. A map of the SHA boundaries and therefore the new Area Representative constituencies for England is reproduced here. We are seeking nominations for members to form the newly appointed HCSA Council. You will find nomination papers included in this edition of HCSA News. In general terms Council Members support the work of the Association by:• Maintaining a list of current Members within their constituency. • Ascertaining and representing the views of constituents at Council meetings and also via the Overton Office. HCSA News Issue No.62 - November 2011
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EXECUTIVE COMMITTEE President Chairman of Executive Immediate Past President Honorary Treasurer Honorary Secretary Honorary Secretary Honorary Secretary Honorary Secretary Honorary Secretary Honorary Secretary Chairman – Ed & Stan S-C Independent Healthcare
Dr. Umesh Udeshi Dr. John Schofield Mr. Christopher Welch Dr. Mukhlis Madlom Dr. Sati Ariyanayagam Mr. Gervase Dawidek Dr. Tom Goodfellow Dr. Bernhard Heidemann Dr. Cindy Horst Dr. Ross Welch Prof. Amr Mohsen Mr. Christopher Khoo
MEMBERS EDUCATION & STANDARDS SUB-COMMITTEE Chairman - Prof. Amr Mohsen Dr. Umesh Udeshi Mr. George Fowlis Dr. Mukhlis Madlom Dr. Bernhard Heidemann Dr. Hiten Mehta Dr. Bernard Chang Mr. Olanrewaju Sorinola Mr. Christopher Welch North East Strategic Health Authority Mr. Rotimi Jaiyesimi, FRCOG LL.M (Medical Law) r.a.k.jaiyesimi@ncl.ac.uk Dr. Olamide Olukoga, FFARCSI OOlukoga@aol.com Dr. Paul Cooper, MBBS FRCA pdcooper@blueyonder.co.uk North West Strategic Health Authority Dr. Magdy Aglan, FFARCSI FRCA magdyaglan@doctors.org.uk Mr. Ian Harvey, FRCS ian.theop@btinternet.com Mr. Ahmed Sadiq, MRCOphth FRCS a.sadiq@manchester.ac.uk Professor Nigel Thomas, FRCR nigel.thomas@trafford.nhs.uk Yorkshire and The Humber Strategic Health Authority Dr. Mukhlis Madlom, FRCPCH FRCP mukhlis.madlom@dbh.nhs.uk Professor Amr Mohsen, FRCS(T&O) PhD amrmohsen@doctors.org.uk Mr. Peter Moore, MD FRCS enid.bridge@nhs.net East Midlands Strategic Health Authority
FINANCE SUB-COMMITTEE Dr. Mukhlis Madlom – Chairman Dr. Umesh Udeshi Dr. John Schofield Dr. Robin Loveday [Trustee] Mr. Robert Tranter [Trustee] Mr. Michael Kelly [Trustee] HCSA OFFICERS AND STAFF Chief Executive Mr. Stephen Campion Head of Business Services Mr. Steve George Manager, Northern Region Mr. Joe Chattin Business Manager Mrs. Sharon White Manager, Advisory Service Mr. Ian Smith Membership Secretary Mrs. Brenda Loosley Midland Regional Officer Mrs. Annette Mansell- Green Employment Services Adviser Mrs. Gail Savage Office Telephone: 01256 771777 Facsimile: 01256 770999 E-mail: conspec@hcsa.com
Mr. Olanrewaju Sorinola, FRCOG sorinola@sky.com Dr. Umesh Udeshi, FRCR umesh.udeshi@worcsacute.nhs.uk
Mr. Christopher Khoo, FRCS ctkkhoo@bakersbarn.net South West Strategic Health Authority
East of England Strategic Health Authority Dr. Sati Ariyanayagam, FRCOG Sati2411@gmail.com Mr. Christopher Goodfellow, FRCOG info@goodfellowgynaecology.co.uk Mr. Andrew Murray, FRCS andrewmurray@qehkl.nhs.uk Mr. Hugo Taylor, FRCS(Eng)FRCS(Gen) Jackie.Jordan@btuh.nhs.uk London Strategic Health Authority Mr. Gervase Dawidek, FRCS FRCOphth dawidekfamily@aol.com Mr. George Fowlis, FRCS FEBU gafowlis@btinternet.com. Dr. Patrick McGowan, FRCA mcgowan@nhs.net Professor Peter Dawson, FRCP FRCR phda728222@aol.com
Mr. David Hocken, FRCS David.Hocken@gwh.nhs.uk Dr. Claudia Paoloni, FRCA drclaudiap@aol.com Professor Michael Wee, FRCA m.wee@virgin.net Mr. Ross Welch, FRCOG ross.welch@phut.swest.nhs.uk Wales Mr. Simon Hodder, FDS FRCS simon.hodder@swansea-tr.wales.nhs.uk Scotland Dr. Bernhard Heidemann, FRCA b.heidemann@ed.ac.uk Mr. Sean Laverick, FDS FRCS sean.laverick@nhs.net Northern Ireland
South East Coast Strategic Health Authority
Dr. Cindy Horst, MB ChB DA FRCA cindy.horst@uhl-tr.nhs.uk Dr. Gorajala Vijayasimhulu, FRCR g.vijay@btinternet.com Dr. John Ward, FRCA John.Ward@nuh.nhs.uk
Dr. Paul Donaldson, FRCPath donaldson@winning-blue.co.uk Dr. Jones Kurian, MRCP joneskurian@yahoo.co.uk Dr. John Schofield, FRCPath John.Schofield@nhs.net Dr. Paul Brennan-Benson MSc MBBS PhD MRCP paul.brennan-benson@nhs.net
West Midlands Strategic Health Authority
South Central Strategic Health Authority
Mr. Ian Dukes, FRCS FFAEM ikdukes@doctors.org.uk Dr. Tom Goodfellow, FRCS FRCR tom.goodfellow@uhcw.nhs.uk
Mr. Callum Clark, FRCS(Tr&Orth) callumclark@mac.com Dr. Catriona Henderson, MRCP catriona.henderson@suht.swest.nhs.uk
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HCSA News Issue No.62 - November 2011
Dr. William Loan, FRCS FRCR Willie.Loan@bch.n-i.nhs.uk Specialist Registrar National Representative Dr. Imran Rahman, MBBS imran1973@tiscali.co.uk Non-Consultant Career Grade National Representative Dr. Helmy Fakhry, MB ChB helmy_fakhry@hotmail.com
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HOSPITAL CONSULTANTS AND SPECIALISTS ASSOCIATION
COUNCIL ELECTIONS 2012
I ………………………………………………………………………………… Of………………………………………………………………… NHS Trust Put my name forward to be a member of Council and HCSA Representative for: ……………………………………………………………………………………
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(English Strategic Health Authority/Wales, Scotland Northern Ireland/ Specialist Registrar/ Non Career Grade) I understand that a postal ballot may be required in the event that nominations exceed the number of seats available. Signed: Dated: Please return by 31st December 2011 to: The Hospital Consultants and Specialist Association 1 Kingsclere Road Overton Basingstoke Hampshire RG25 3JA The form may be returned either: By Post to the above address By fax to 01256 770999 or By e-mail to Elections2012@hcsa.com
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HOSPITAL CONSULTANTS & SPECIALIST ASSOCIATION NUMBER ONE, KINGSCLERE ROAD, OVERTON, BASINGSTOKE, HAMPSHIRE RG25 3BR
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