Rota Design for 2009 - North Western Deanery

2. Basic New Deal andWTD RevisionNew Deal vs WTD: Who wins?This area causes a great deal of confusion. It’s importantto appreciate the difference but understand that bothsets of requirements must be fully met.Requirement for complianceNew DealContractual obligation(junior doctors’ contract2000)WTDLaw(health and safety legislation)Penalty for non complianceFinancial – band 3 paymentsIntervention by health andsafety executive,improvement notices, possiblefines to trust and legal actionagainst CEO. Breach of theCorporate Manslaughter Act2007. Possible litigationfollowing clinical errors bynon-compliant doctorsNew Deal requirements were agreed in 1991 and aformal requirement for compliance incorporated in thenational junior doctors’ contract since 2000 . Alltrainees are required to be fully New Deal compliantand since August 2003 any failure to do so is a breachof contract and attracts a financial penalty of Band 3payments = 100% supplement of the juniors’ basicsalary.A typical eight doctor rota at Band 1A monitoring asnon compliant (Band 3) will result in the trust havingto pay over £140,000 per annum in additionalsalaries, with further potential financial liabilitiesresulting from pay protection of up to £85,000[calculated using PC(MD) 7/2007].WTD requirements were introduced for all NHS staff in1998 1 however junior doctors were exempt. Theregulations were extended to include stagedintroduction of WTD for junior doctors as follows:DeadlineAugust 2004August 2007August 2009Maximum average working week58 hours56 hours48 hoursWTD is health and safety legislation and as such fallswithin the remit of the HSE to respond to anycomplaints relating to non compliance. WTD is notlinked to pay but is intended to safeguard hours ofwork and mandatory daily and weekly restrequirements.6