Rota Design for 2009 - North Western Deanery

At banding appeal1. There is little point in pursuing a banding appeal ifthe trust is not in possession of a completed copy ofthe ‘Approval to Change Band’ proforma and allsupporting documentation (see section 4g) includingthe following:i. Written confirmation of stage 1a agreementfrom the junior doctorsii. Written confirmation of stage 1b agreementfrom the Action Team or successor bodyconfirming New Deal compliance andappropriate allocation to the proposed pay bandiii. Written confirmation of stage 1c agreementfrom an appropriate delegated authority of thedean confirming educational approvaliv. Written confirmation of stage 2 provisional rebanding approval from the action team orsuccessor body.2. Always ensure that you have obtained anindependent opinion from the regional action teamor successor body prior to going to banding appeal.This opinion may save the time and resourcesinvolved in organising a banding appeal.3. Consider carefully your choice of panel membersrepresenting the chief executive or medical director.Panel members should not have had priorinvolvement in the case but there is no specificstipulation that they must be employees of the trust.In instances where you feel detailed knowledge ofthe New Deal and pay banding structure would beuseful, it’s worth considering nominating an externalrepresentative with New Deal expertise or even aregional action team lead from a different healthauthority. Whilst there may be a cost involved withthis approach this is minimal in comparison to losingyour case on the basis that the trust representativeson the panel were unable to argue against theexpertise of either the JDC or action teamrepresentative. Please note all JDC representatives willhave undergone training to sit on banding appeals.4. Consider whether you require expert representationof your case. Often trusts will lose banding appealsas their case is poorly presented and key argumentsare not made. Also be prepared to cross examinejuniors during the banding appeal to clarify points ofinformation.5. If you wish to dispute the content of monitoringdata it is vital that written evidence is included in thestatement of case submitted by the managementside at least one week before the appeal. Do submitas much evidence as you can gather in support ofany allegations you might wish to make against thevalidity of any data.6. It’s advisable only to take those cases to bandingappeal that you are confident to pursue to anemployment tribunal (ET) should you lose. Mostcases taken forwards by the BMA are lodged for ETeven before the banding appeal is heard.32