Lead Employer Employment Services

St Helens & Knowsley NHS Teaching Hospital Trust

2nd Floor, The Court

Alexandra Business Park

Prescot Road

St Helens

WA10 3TP

Friday, 3rd December 2021

Private and Confidential

Dr Majid Habib Khan
Apartment 3
Metro Lofts
150 High Street
West Bromwich
B70 6JJ
United Kingdom

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Page 2 of 28
 Doctor or Dentist in an Approved Training Post

STATEMENT OF TERMS AND CONDITIONS OF EMPLOYMENT

THIS CONTRACT IS BETWEEN:

ST HELENS AND KNOWSLEY TEACHING HOSPITALS NHS TRUST

Dr Majid Habib Khan

discover.majid@gmail.com

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THE POST

1. Doctor in Approved Training

◦ Your job title is Specialty Registrar in General Practice.

◦ You are employed under a “lead employer” arrangement. During your
employment under this contract, you may be placed as part of your training with
different “host” organisations, who will each have responsibility for various
provisions as indicated and set out below.
◦ The appointment is subject to the national Terms and Conditions of Service for
doctors and dentists in training (“the TCS”), 2016, which may be amended from
time to time. A copy of the TCS is available on the NHS Employers website.
◦ Your employment is conditional upon you continuing to hold a place in an
approved postgraduate training programme (See Appendix A).
◦ It is a condition of your employment that you sit and pass such examinations as
are required for the completion of your training. These must be completed in
accordance with the curriculum and within the timescale approved by the
General Medical Council (GMC) and/or for dentistry the General Dental Council
(GDC) or other relevant body. Your mandatory training requirements and
training opportunities are set out in the work schedule appended to this
document at Appendix 1.
◦ It is a condition of your employment that you have, and retain throughout your
employment, the correct level of professional registration commensurate with
your grade, and that during this period, you additionally continue to hold a
licence to practise.

• This Contract constitutes a section 1 statement for the purposes of section 1 of the
Employment Rights Act 1996.

• The parties agree that the employer will be entitled to make changes to this Contract
unilaterally to the strictly limited extent that such changes are necessary to enable the
employer to comply with its statutory obligation under section 1 of the Employment Rights
Act 1996 which stipulates the particulars which must be provided by employers to
employees regarding their employment. The employer shall provide you with notice of any
changes which are required to be made including the new wording proposed, an
explanation of why the employer considers the change necessary to comply with section 1
Employment Rights Act 1996, and the date on which the changes take effect (see also
7.1).

2. Commencement of Employment and Pay Point

◦ Employment under this contract commences on 1-Sep-2021 and terminates on

04-Aug-2024
◦ Your continuous employment with this employing organisation, for the purposes
of the Employment Rights Act 1996, begins on 1-Sep-2021 .Pursuant to section

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 218 of the Employment Rights Act 1996, employment which involves being
employed successively by a number of different health service employers whilst
undergoing professional training shall not be taken to involve breaks in
continuity of employment.
◦ For the purposes of certain NHS conditions of service, previous service within
the NHS, whether with this employer or another NHS employer, although not
continuous for the purposes of the Employment Rights Act 1996, will count as
reckonable. For some purposes, dates prior to the dates in paragraphs 2.1 and
2.2 above may, therefore, be taken into account.
◦ The standard full-time working week under this contract is 40 hours per week.
Your actual hours of work under this contract will be no more than 48 hours per
week on average and will be as set out in your work schedule which is
appended to this Contract at Appendix 1. Should the hours in your work
schedule be varied following a change of post or placement or following a work
schedule review (as detailed in Schedule 5 of the 2016 TCS), you shall be
issued with a new work schedule which shall form part of your section 1
statement of employment and your salary will be amended accordingly
◦ Your salary will be assessed in accordance with the pay framework set out in
Schedule 2 of the 2016 TCS. If you are working less than the standard full-time
working week, your salary will be adjusted pro rata in accordance with your
contracted hours of work. Further details relating to your pay are set out at
section 11 of this Contract.
◦ The maximum number of hours that may be worked in any given week is set out
in Schedule 3 of the 2016 TCS.
◦ Up to 40 hours of work per week are pensionable in the NHS Pension scheme.

3. General Mutual Obligations

◦ While it is necessary to set out formal employment arrangements in this

contract, we also recognise that you are a professional employee. It is essential
that you and your employer work in a spirit of mutual trust and confidence. Your
employment in a training post requires you to actively progress in your training,
including the sitting and passing of such examinations as are set out in your
training curriculum, and requires your employer to provide an appropriate
training environment. You and we agree to the following mutual obligations in
order to achieve the best for patients and to ensure the efficient running of the
service:

3.1.1. to co-operate with each other and maintain goodwill;

3.1.2. to carry out our respective obligations in operating a work schedule;

3.1.3 to carry out respective obligations in accordance with educational and training
requirements;

3.1.4 to carry out our respective obligations relating to the employer’s policies, objectives,
rules, working practices and protocols; and

3.1.5 to carry out our respective obligations as defined in the Terms and Conditions of
Service for NHS Doctors and Dentists in Training (England) 2016.

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THE WORK
4. Location

◦ Under this Contract, you may be required to work at any site and for any host
organisation which offers placements for your training programme, including
new sites and / or new host organisations. Where necessary, you may need to
relocate your residence to enable this to happen. Provisions for assistance with
relocation and / or excess travel expenses are set out in Schedule 12 of the
2016 TCS.
◦ Your principal place of work as defined for the purposes of Schedule 12 of the
Terms and Conditions of Service for NHS Doctors and Dentists in Training
(England) 2016 is the place of work from which you conduct your main duties for
your host organisation.

5. Duties

◦ Except in emergencies or where otherwise agreed with your manager, you are
responsible for fulfilling the duties and responsibilities set out in Schedule 1 of
the 2016 TCS and undertaking the activities set out in the work schedule at
Appendix 1 for your placement, as reviewed from time to time in line with the
provisions in paragraph 7.2 below.

6. Emergency Responses

◦ In exceptional circumstances you may be asked to return to site or remain at

work for emergencies outside of the expectations in your work schedule;
however, you are not required to be available for such eventualities.

7. Work Scheduling

◦ In accordance with Schedule 4 of the 2016 TCS, the purpose of your work
schedule at Appendix 1 is to set out in clear and transparent terms the service
commitments expected of you while in each post or placement forming a part of
your employment, and the parts of your training curriculum which can be
achieved in those posts or placements. The employer or host organization shall
provide notice to you of the changes to your work schedule and the parties
agree that this Contract shall be amended in this regard at each rotation.
Additionally, you will be required to meet with your educational supervisor(s) or
approved clinical supervisor to agree and to include in your personalised work
schedule other objectives that should reasonably be covered during each
placement forming part of your employment. The work schedule is not
contractually binding in itself, but you have a duty to make all reasonable efforts
to follow it.
◦ The process for discussion and review of work schedules is set out in Schedules
4 and 5 of the 2016 TCS.
◦ Scheduling of Activities

▪ The work schedule for each post/placement will set out the hours and
range of activities that are necessary to fulfill your duties and
responsibilities under this contract, and include the duration and
locations at which these activities are scheduled to take place.
▪ Additional hours (up to the maximum set out in Schedule 3 of the
TCS) may be contracted for separately from time to time. The rates

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 for basic pay are set out at Appendix 2 of this Contract.
▪ Any variations in your scheduled weekly commitments should be
averaged out over the length of the rota cycle, the length of your
placement or 26 weeks, whichever is the shorter, so that your
average commitment is consistent with the provisions of the Working
Time Regulations 1998 as amended from time to time.

◦ Where emergency work takes place at regular and predictable times and / or in
predictable amounts, it will be accounted for prospectively within the work
schedule. You may be required to participate in an on-call rota to respond to
unpredictable emergencies.
◦ Where you have approved external duties included in your work schedule, you
will provide 6 weeks’ written notice to your host organisation of the dates upon
which the external duties will be carried out. Shorter notice periods may be
agreed by local arrangement or by agreement between you and your manager.

8. Spare Professional Capacity

◦ The 2016 TCS, Schedule 3, outlines contractual limits on working hours and rest
periods. While in this employment, you should not ordinarily undertake work
outside of this contract. Where you do wish to undertake any such work as a
locum, you must first offer your services to the NHS as set out in the paragraphs
pertaining to locum work in Schedule 3 of the TCS.

9. Hours which attract a pay enhancement

◦ To recognise the unsocial nature of work undertaken at nights and on

weekends, the provisions of Schedule 2 of the 2016 TCS will apply. The
provisions of Schedule 2 are appended to this Contract at Appendix 2.

10. On-Call Rotas

◦ If you are required to be on an on-call rota in any of your placements, the

provisions of Schedule 3 of the 2016 TCS will apply.
◦ Your on-call commitments will be set out in your work schedule for those
placements where such commitments exist.

PAYMENT

11. Pay
• The full-time equivalent basic salary applicable on commencement in this employment is
39467 per annum. Your actual salary will be assessed on the basis of your work schedule
and may comprise one or more of the following:

◦ If your work schedule requires you to undertake additional hours of work over
and above the standard week of 40 hours, you will be paid for each additional
hour at the rate of 1/40th of the full time equivalent basic pay;
◦ If part of the work in your work schedule is undertaken at a time which attracts
an enhanced hourly rate of pay, that part will be paid as set out in Schedule 2 of
the TCS which is appended to this Contract at Appendix 2;
◦ If you are required to participate in work at the weekend, you will receive a
weekend allowance calculated in accordance with Schedule 2 of the 2016 TCS
which is appended to this Contract at Appendix 2;
◦ If you are required to participate in an on-call rota, you will receive an on-call
availability allowance calculated in accordance with Schedule 2 of the 2016 TCS

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 which is appended to this Contract at Appendix 2;
◦ Flexible pay premia are payable in certain circumstances as specified in
Schedule 2 of the 2016 TCS which is appended to this Contract at Appendix 2. If
you are eligible for one or more premia, payments will be made in accordance
with this Schedule;
◦ London Weighting (where applicable) is payable in accordance with Schedule 2
of the 2016 TCS which is appended to this Contract at Appendix 2.

• Your salary will be payable monthly in arrears on 28th day of each month.

12. Deductions from Pay

◦ We will not make deductions from, or variations to, your salary as set out at
paragraph 11.1 other than those permitted by law without your express written
consent.

13. Pension
• Unless you are deemed ineligible, you will automatically be enrolled as a member of the
NHS Pension Scheme subject to its terms and rules, which may be amended from time to
time.
• Pensionable pay will include basic salary and any other pay expressly agreed to be
pensionable in Schedule 2 and Schedule 15 of the 2016 TCS.

14. Expenses

◦ You may be entitled to reimbursement for travel, subsistence and other

expenses, as set out in Schedule 12 of the 2016 TCS. Claims for expenses
must be submitted in a timely manner (normally within one month of the time
that the expenses were incurred).

OTHER CONDITIONS OF EMPLOYMENT

15. Leave and holidays
• The annual leave year runs from the start date of your appointment.
• The annual leave entitlement for a full-time doctor is as follows, based on a standard
working week of five days:

1. On first appointment to the NHS: 27 days

2. After five years’ completed NHS service: 32 days.

• Where your contract or placement is for less than 12 months, the leave entitlement is pro
rata to the length of the contract or placement.
• A doctor working less than full time will be allocated leave and be entitled to public holidays
on a pro rata basis.
• You shall normally provide a minimum six weeks’ notice of annual leave to be approved in
accordance with local policies and procedures.
• In cases where exceptional circumstances or service demands have prevented you from
taking the full leave allowance, up to five days of leave per annum (pro rata for contracts or
placements of less than 12 months’ duration or for doctors who work less than full time),
may be carried forward to the next post or placement with the same employer. This is not
an entitlement and must be with the agreement of the relevant department, in line with the
employer’s local policy. With the agreement of the employer and in line with local policy,
payment in lieu can be made for up to five days’ annual leave (pro rata as appropriate)

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 which could not be taken before a move to a new employer.
• Pay is calculated on the basis of what you would have received had you been at work,
based on your work schedule and on a 52 week reference period. Payment of annual
salaries is referred to in Schedule 2 of these 2016 TCS which is appended to this Contract
at Appendix 2.
• Public holiday entitlement is limited to New Year’s Day, Easter Friday, Easter Monday, two
May bank holidays, the August bank holiday, Christmas Day and Boxing Day. These days
are additional to annual leave entitlement.
• On termination of your employment, you will be entitled to pay in lieu of any outstanding
entitlement accrued in the leave year in which your employment terminates or be required
to repay to the Trust salary received in respect of annual leave taken in excess of
entitlement. The amount of the payment or repayment shall be based on accrued salary for
the leave year paid for each hour's leave owed to or by you on the basis of the hourly rate
of pay in your work schedule, at the time of termination, including all pay elements detailed
in that work schedule. If leave is calculated in days the hours to be paid/repaid will take
account of the additional hours detailed in that work schedule.
• Further details regarding annual leave and public holidays is set out in Schedule 10 of the
2016 TCS.
• Full details of, professional and study leave and sick leave are set out in Schedule 10 of
the 2016 TCS.
• Schedules 14 of the 2016 TCS set out where arrangements for special leave, maternity,
paternity, parental, carer’s and adoption leave can be found.

16. Transfer of information

16.1. Where you are required to rotate between employing organisations, you acknowledge that we
may receive and transfer personal and confidential information regarding your employment and
training, as necessary for the continuation of your training. Such personal and confidential information
may include personal and sensitive personal data for the purposes of the General Data Protection
Regulation and the Data Protection Act 2018.

16.2 On commencement of employment with the trust, your personal data will be uploaded to the
Electronic Staff Record (ESR). ESR is a workforce solution for the NHS which is used by the trust to
effectively manage the workforce leading to improved efficiency and improved patient safety.

16.3.Certain personal data is transferred from one NHS organisation to another when your
employment transfers. NHS organisations have a legitimate interest in processing your data in this
way to enable them to establish the employment of a suitable workforce and improve efficiencies
within the NHS by making costs savings for trusts and to save you time if your employment transfers.

17. Policies and Procedures

17.1 You are required to familiarise yourself and comply with your employer’s policies and
procedures which can normally be found at the Lead Employer Website and those of any other sites,
identified in your work schedule, where your host organisation offers services. Policies can be found
at www.sharedservices.sthk.nhs.uk and you are urged to make yourself familiar with them.

18. Disciplinary Procedure

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18.1 The procedure for dealing with matters of alleged misconduct is detailed in your employer’s
policy and procedure which can be found at the Lead Employer Website,
www.sharedservices.sthk.nhs.uk

18.2 If you wish to appeal against a disciplinary decision, you may apply in writing to Lead Employer
Head of HR in accordance with the disciplinary procedure.

19. Grievance Procedure

19.1 The procedure for dealing with grievances is detailed in your employer’s policy and procedure
which can be found at the Lead Employer Website www.sharedservices.sthk.nhs.uk. This procedure
does not have contractual effect.

19.2 If you wish to raise a grievance, you may apply in writing to Lead Employer Head of HR in
accordance with the grievance procedure

20. Intellectual Property

20.1 You will comply with our procedures for intellectual property which reflect ‘The NHS as an
Innovative Organisation, Framework and Guidance on the Management of Intellectual Property in the
NHS’.

21. Termination of employment

◦ You are employed on a fixed-term basis and the Contract will terminate
automatically at the end of the fixed term which is 04-Aug-2024 without the need
for further notice from either party.

• This Contract can be brought to an end prior to the expiry of the fixed- term arrangements.
In such circumstances, either you or the employer must give notice in writing, except where
the provisions of paragraph 21.7 apply.

• The employer shall provide the following minimum periods of notice:

1. one week's notice if the period of continuous employment is less than two years; or
2. one week's notice for each year of continuous employment if the period of continuous
employment is at least two but less than 12 years; or
3. 12 weeks’ notice if the period of continuous employment is 12 years or more.

• The minimum period of notice to be given by you where you have been continuously
employed for at least four weeks, shall be one week (unless the period specified in
paragraph 21.5 below is longer). The period of continuous employment shall be computed
in accordance with the Employment Rights Act 1996, as amended from time to time.

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 • The agreed minimum period of notice by both sides for doctors, unless the statutory
minimum periods of notice as set out above are longer, shall be as follows:

One Month StR Core Training (CT)

Dental Core Training (DCT)

Three Months StR Run-through

StR Higher Specialty Training

GP Specialty Trainee

21.7 Employment can be terminated without notice in cases of gross misconduct, gross negligence,
where your professional registration and/or licence to practise has been removed or has lapsed
(without good reason) or your removal from a GMC- approved training programme. In this
circumstance you will be entitled to invoke the locally recognised appeals process, as set out in the
relevant policies of the employing organisation. This process must be in line with ACAS guidance.

Further terms of termination of employment are set out in Schedule 11of the 2016 TCS.

22. Governing Law

◦ This contract and any dispute or claim arising out of or in connection with it or its
subject matter or formation shall be governed and construed in accordance with
English law and the parties agree that the courts of England and Wales shall
have exclusive jurisdiction to settle any dispute or claim that arises out of or in
connection with this contract.

23. Entire terms

◦ Your employment is governed by this Contract and the 2016 TCS which is
incorporated into your Contract and may be amended from time to time. A copy
is available at
https://www.nhsemployers.org/pay-pensions-and-reward/medical-staff/doctors-
and-dentists-in-training/terms-and-conditions-contracts

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 • This Contract, together with the 2016 TCS and any local agreements, contain the entire
terms and conditions of your employment with us, such that all previous agreements,
practices and understandings between us (if any) are superseded and of no effect. Where
any external term is incorporated by reference, such incorporation is only to the extent so
stated and not further or otherwise.

AGREEMENT

I Dr Majid Habib Khan

and St Helens and Knowsley Teaching Hospitals NHS Trust

have understood and agree to honour the 2016 terms and conditions set out in this contract (including
appendices below).

Doctor’s signature

Date:

Miss Rachel Travis

Employment Services Team Leader
Tel: 0151 478 7777

Date: Friday, 3rd December 2021

Appendix 1

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Work Schedule

If your first placement is within a Trust we are currently unable to provide full particulars as stipulated
by Section 1 due to further information being required from a host organisation, these particulars shall
be provided to you as soon as possible by these your host organisation or the Lead Employer.

If your first placement is within a GP practice please follow the link for your work schedule

https://sharedservices.sthk.nhs.uk/lead-employer/terms-and-conditions/

Appendix 2

Schedule 2 of the Terms and Conditions of Service for NHS Doctors and Dentists in Training
(England) 2016

Section 1 Additional hours

1. Additional hours of work set out in a doctor’s work schedule shall be remunerated at the
basic pay rate, 1/40th of weekly whole-time equivalent for each additional hour worked,
subject to the provisions of paragraph 20 below.

Section 2 Hours that attract a pay enhancement

2. An enhancement of 37 per cent of the hourly basic pay rate shall be paid on any hours
worked between 21.00 and 07.00, on any day of the

3. Where a shift is worked which begins no earlier than 20.00 and no later than 23.59, and is
at least 8 hours in duration, an enhancement of 37 per cent of the hourly basic rate shall
also be payable on all hours worked up to 10:00 on any day of the week. Where such a
shift begins before 20:00, rostering guidance must be adhered to as defined in schedule 3
paragraph 6.

4. Where a shift ends between 00:00 and 04:00 (inclusive), the entirety of the shift will attract
an enhancement of 37 per cent of hourly basic rate.

5. The number of hours in the rota for which an enhancement is paid will be assessed across
the length of the rota cycle (as set out in the work schedule), as described in paragraph 14
of Schedule 4 of these TCS and converted into equal weekly amounts by dividing the total
number of hours to be paid at each rate by the number of weeks in the rota cycle. The
weekly amount will then be turned into an annual figure and the doctor will be paid 1/12th
of the annual figure for each complete month, or a proportion thereof for any partial months

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 worked, as per paragraph 83-85 on annual salaries.

Counting of hours
6. Average total hours, and average hours that attract an enhancement, will be assessed in
quarter hours, rounded up to the nearest quarter

Section 3 Weekend allowance

7. A doctor rostered to work at the weekend (defined as one or more shifts/duty periods
beginning on a Saturday or a Sunday) at a minimum frequency of 1 in 8 across the length
of the rota cycle will be paid an allowance. These will be set as a percentage of full-time
basic salary in accordance with the rates set out in the table below:

Frequency Percentage
1 weekend in 2 15%
Less frequently than 1 weekend in 2 and greater than or equal to 1 weekend in 3 10%
Less frequently than 1 weekend in 3 and greater than or equal to 1 weekend in 4 7.5%
Less frequently than 1 weekend in 4 and greater than or equal to 1 weekend in 5 6%
Less frequently than 1 weekend in 5 and greater than or equal to 1 weekend in 6 5%
Less frequently than 1 weekend in 6 and greater than or equal to 1 weekend in 7 4%
Less frequently than 1 weekend in 7 and
3%
greater than or equal to 1 weekend in 8
Less frequently than 1 weekend in 8 No allowance
8. A doctor working less than full time will also be entitled to be paid this allowance when
working on a rota where the doctors working full time on that same rota are in receipt of
such an allowance. The allowance paid to the doctor working less than full time will be paid
pro rata, based on the proportion of the full-time commitment to the weekend rota that has
been agreed in the doctor’s work schedule. For example, a doctor making a 50 per cent
contribution to the rota would be paid 50 per cent of the value of the availability allowance
paid to a doctor making a full contribution to the

Section 4 On-call availability allowance

1. A doctor on an on-call rota who is required by the employer to be available to return to
work or to give advice by telephone, but who is not normally expected to be working on site
for the whole period, shall be paid an on-call availability

2. The value of the allowance described in paragraph 9 is set out in Annex A and is based on
8% of a full-time basic salary for the relevant

3. This allowance will take the form of a cash sum set out in Annex A, as amended from time
to

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 4. For doctors employed on a less-than-full-time basis, in any grade, the value of the on- call
availability allowance shall be paid pro rata, based on the proportion of full-time
commitment to the rota that has been agreed in the doctor’s work schedule. For example, a
doctor making a 50 per cent contribution to the rota would be paid 50 per cent of the value
of the availability allowance paid to a doctor making a full contribution to the

5. This allowance will not be payable where a doctor’s working pattern does not include any
periods of work that meet the description in paragraph 9 above.

Payment for work undertaken whilst on-call

6. Doctors shall be paid for their average hours of work (as defined in schedule 3 paragraph
35) undertaken while on-call, either in the workplace or remotely, at the rates of pay
described in this Schedule. The hours paid will be calculated prospectively across the rota
cycle and the estimated average hours at each rate of pay will be set out in the work
schedule. For the purposes of pay, these total estimates shall be converted into equal
weekly amounts by dividing the total number of prospective hours at each rate by the
number of weeks in the rota cycle. The weekly amount will then be turned into an annual
figure and the doctor shall be paid 1/12th of the annual figure for each complete month, or
a proportion thereof for any partial months worked (as per paragraphs 83-85 on annual
salaries).

7. If, across the rota cycle, the doctor works a greater number of hours than the prospective
average estimate, the individual doctor will be appropriately compensated for these hours
using the process set out in paragraphs 73-82

Section 5 Flexible pay premia

8. Flexible pay premia, as set out in Annex A, may be payable under the circumstances
described in paragraphs 22-47.

9. A doctor must have a national training number to be eligible for flexible pay

10. A doctor can receive more than one flexible pay premium where the eligibility criteria for
more than one premium have been met. A doctor cannot be eligible for the same flexible
pay premium

11. Flexible pay premia will be fixed at the rate applicable at the point in time at which the
doctor becomes eligible, as described in paragraphs 28 to 47 below, and shall continue to
be paid at that same rate for the remaining period in which the doctor is working in a post
as part of the training programme that attracts the

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 12. Flexible pay premia are additional to basic pay, and are not included for the purpose of
calculating any other allowances or

13. Where flexible pay premia are payable, these will be paid to less-than-full-time trainees pro
rata to their agreed proportion of full-time work.

14. The values and application of flexible pay premia will be reviewed from time to time and
details will be updated in Annex

Section 6 London weighting

15. London weighting for doctors will be paid as set out in Annex

16. London weighting is a fixed sum, paid pro rata to doctors working less than full time, and is
not taken into account in the calculation of any other allowances or enhancements.

Appendix 3 - Addendum to Contract

Pre-employment Checks

The Trust undertakes pre-employment checks in line with NHS standards (including DBS and
eligibility to work in the UK as detailed below) and this contract of employment is conditional on these
pre-employment check having being completed to the satisfaction of the Trust and in the absence of
such satisfactory completion this contract can be withdrawn or delayed at the discretion of the Trust.

Confidentiality

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Through the course of your employment, you may become aware of confidential information,
particularly concerning staff and patients. All such information must be treated as confidential and
breach of such confidence may result in dismissal.

It is the responsibility of all employees to comply with the law in relation to Information Governance,
which incorporates all areas of processing data. This includes professional codes of practice and
common law duties: specifically relating to Confidentiality, Information Security, General Data
Protection Regulation 2018, and the Freedom of Information Act 2000. All employees will be required
to confirm agreement to a Declaration of Confidence.

It is also the responsibility of all employees to adhere to the requirements set out in the St Helens &
Knowsley Teaching Hospitals NHS Trust Code of Conduct, and you will be required to confirm
agreement with a signature of acceptance.

Failure to observe these policies and rules may, in some circumstances, leave employees open to
prosecution. Any breach of confidentiality or misuse of the employing Trust’s or Host Organisations
e-mail, intranet / internet facilities or other information systems will be regarded as a serious
misconduct and may result in disciplinary action, up to and including dismissal.

Loss of a place on your approved postgraduate training programme

For the avoidance of doubt as your continuing employment is dependent on you continuing to hold a
place on an approved postgraduate training programme (see paragraph 1.4) your employment will
cease with immediate effect (and without notice) if at any point you are withdrawn or terminated from
your approved postgraduate training programme.

Indemnity

You are normally covered by the NHS indemnity scheme against claims of medical negligence.
However, in certain circumstances you may not be covered by the indemnity. We therefore advise
you to maintain membership of a medical defence organisation. Details of the NHS indemnity
scheme may be obtained from the Human Resources department of your Host organisation upon
request.

Appendix 3 - Addendum to Contract (cont.)

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If you are on a training programme which includes placements outside the NHS, you may be required
to effect and maintain membership of a recognised medical defence organisation, commensurate with
your professional duties, throughout the period of your employment. This may initially be at your own
expense.

You are advised to check with your host/employer what arrangements apply locally as it is your
contractual responsibility to ensure that you have sufficient cover in place at all times (GP Trainees
see also Appendix 4)

Safety Health and Welfare

The employing Trust and Host Organisations have a responsibility to provide safe and health
working conditions and has in place Health & Safety policies and practices which you have a
responsibility to cooperate with. You will be expected to familiarise yourself with the health & safety
policy and procedures within the Host Organisation you are on placement at and attend any other
mandatory training associated with your role.

Equality and Diversity

Equality and diversity are at the heart of the NHS strategy. Investing in a diverse NHS workforce
enables us to deliver a better service and improve patient care in the NHS. Equality is about creating
a fairer society where everyone has the opportunity to fulfil their potential. Diversity is about
recognising and valuing difference in its broadest sense.

Intellectual Property Right

You may be involved in the development of new services, procedures, policies, treatments, service
delivery methods, and other aspects of design and development, which may give rise to certain rights
such as patents, trademarks, design rights or copyright (“intellectual property rights”). All such
contributions arising out of your role whilst on placement at a Host Organisation will become the
copyright of that organisation, vesting in the Host Organisation all intellectual property rights involved.

You must discuss with your supervisor of any invitations to present papers or write articles before
responding to or soliciting such an invitation.

Disclosure & Barring Service (DBS) – Convictions & Offences

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It is the policy of the Trust to undertake disclosure checks via the Disclosure & Barring Service, as
appropriate, under the Trust’s policy in line with current legislation. Criminal records will be taken in to
account for recruitment purposes only when the conviction is relevant to the post applied for.

The offer of this post and continuation of the appointment is subject to a satisfactory DBS disclosure if
the post is listed as an exemption on the Rehabilitation of Offenders Act, or is deemed necessary
under current government legislation.

Appendix 3 - Addendum to Contract (cont.)

It is a requirement of this contract that:

1. You bear the cost of obtaining DBS clearance. In this regards you will be deducted from
your first or second months’ salary with the Lead Employer.
2. If you are not already on the DBS update service you are contractually required to sign up
for this service prior to commencing in post at your own cost and maintain this throughout
your employment with the Trust. For your information you should ensure that you sign up to
the update service within 30 days of your DBS Certificate being issued. Failure to comply
will be a breach of contract. B. The Lead Employer reserves the right to do a periodic
check.

By agreeing this contract you are thereby agreeing for the Trust to access the update service to
undertake a periodic check.

In any case, as an employee of the Trust you are required to inform Lead Employer in writing of any
criminal convictions, fitness to practice or SUI’s, cautions or warnings during the course of your
employment. You are further required to report to the employer:

• any police investigations or criminal proceedings (including for alleged traffic offences) to
which you are subject at the time of your application for this post, or prior to the
commencement of your duties with the trainer/educational supervisor;

• any convictions, cautions or alleged offences with which you are charged (including traffic
offences) as soon as you become aware of these, while you are an employee of the
trainer/educational supervisor;

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 • any GMC proceedings to which you are or become subject, including any initial referral, as
soon as you become aware of these. Failure to reveal such information may result in your
dismissal.

Additionally you are required to declare the following to the employer:

• any suspension for whatever cause, from your contracted duties with previous employers
or other contracting parties, such as health authorities or primary care organisations, and
the cause thereof, whether or not any disciplinary proceedings followed;

• any disciplinary sanctions (including dismissal) imposed upon you by previous employers
or contracting bodies and the cause thereof. For the sake of clarity, this shall include any
findings of a breach of the NHS (General Medical Services) Regulations (or equivalent) as
amended from time to time.

• any sanctions imposed upon you in the past by the GMC, including any which have a
continuing effect, such as conditions placed upon your registration, and any interim
suspension from the register prior to further proceedings being considered;

Appendix 3 - Addendum to Contract (cont.)

• any sanctions imposed upon you by foreign regulatory bodies comparable to the GMC, if
you have worked abroad;

• any GMC proceedings pending at the time of your application for this post or prior to the
commencement of your duties with the partners.

Such disclosures will be considered and may be subject to disciplinary action. Failure to disclose may
result in a loss of employment.

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Travel Expense Claims

Completed and authorised travel expense claims should be submitted to the employing Trust on a
monthly basis, but at least every 3 months from the date of the first journey. Failure to adhere to this
timescale will result in the claim not being paid.

Eligibility to work in the UK

It is a condition of your employment that you maintain your legal eligibility to work in the UK and
provide appropriate documentation to support this.

Should your right to work status be limited or require renewal or extension during the course of your
employment, then it is your responsibility to submit your application or request in a timely manner, in
order to ensure that you have the legal right to work in the UK at all times.

In order to comply with regulations, enforced by the UK Border agency, you may be required to
produce documentation to support your eligibility to work in the UK at regular intervals and/or upon
expiration of the original documentation.

Failure to produce the required documentation, and/or information surrounding your right to work or
sponsorship upon request, in line with the guidelines produced by the UK Border Agency, will result in
suspension without pay and may also result in a loss of employment.

Underpayments and Overpayments

Should there be any underpayment of wages, the Trust will endeavour to adjust the next available
wage payment by the amount of the underpayment, unless prior payment has been made.

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Appendix 3 - Addendum to Contract (cont.)

In relation to any overpayment the Trust also reserves the right to make deductions from your salary
or to require you to repay money to the Trust in relation to:

• Any money you owe to the Trust

• Excess of holiday taken over entitlement
• Expenditure claimed in excess of entitlement
• Any other payment made to you by the Trust in excess of your entitlement

In accepting this contract you are fully accepting the above.

No Smoking

The Trust is a non-smoking organisation. Failure to follow this rule may lead to disciplinary action

Information Governance

Throughout the course of your employment you must not, except as authorised by the Trust or
required by your duties, disclose or divulge, use for your own benefit or gain, any personal information
relating to service users or staff, or business sensitive information belonging to the Trust. Due regard
must be given to the law, and NHS guidance on confidential information.

Personal information relating to individuals is of a confidential nature and is subject to the General
Data Protection Regulations 2018. The Trust considers unauthorised use, disclosure of such
information or breach of Trust related policies as a serious matter which may result in disciplinary
procedures and in some cases civil action. As an employee you must familiarise yourself with Trust
policies as you can potentially be held personally responsible for loss or misuse of person identifiable

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data. Disclosure of corporate information that is required under the Freedom of Information Act 2000
must be authorised by the Trust and should you receive such a request during the course of your
employment you should seek advice from your Line Manager and follow the Trust policy.

Throughout the course of your employment you must take all reasonable steps to protect all
information and information systems from unauthorised access. You must, as is reasonably practical,
make all attempts to prevent the use, disclosure, modification or destruction of data or data systems
by unauthorised personnel. Should you be required to transport information then you must also use
appropriate encryption devices as detailed in the Information Security Policy and ensure that all
reasonable steps are taken by you to prevent access to any such information or information systems
if working from home or accessing Trust systems or data remotely.

Appendix 3 - Addendum to Contract (cont.)

As a Trust employee you are personally responsible for record keeping. A record is anything that
contains information in any medium e.g. paper, tapes, computer information, etc. which have been
created or gathered as a result of any NHS activity. All individuals within the Trust are responsible for
any records they create or use. You must ensure that records are retained in accordance with the
Records Management Policy and are stored in a manner that allows them to be easily located in the
event of a Freedom of Information (FOI) request.

As a Trust employee you must ensure complete and accurate data is collected to the highest
standard at all times. Data collection should be supported by adequate documentation and processes
should be regularly reviewed. You should ensure that you follow processes in line with Trust policies
and procedures.

Failure to follow the Trust standards surrounding Information Governance as a whole may result in
disciplinary action in line with the Trusts disciplinary policy.

Research Governance

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All research in the Trust is approved on the understanding that it will be performed to the standards
set in the EU Directive (2001/20/EC) which was incorporated in to UK law as “Statutory Instrument
No.1031 (2004) Medicines for Human Use (Clinical Trials) Regulations”. This covers all trials
involving investigational medicinal products (except non interventional trials) and these must be
conducted to the same GCP (Good Clinical Practice) standards. Directive 2005/28/EC lays down
detailed guidelines for good clinical practice, requirements for the authorisation of medicinal products
and transposed in to UK law in August 2006.

The Research Governance Framework for Health and Social Care (2005) is a UK standard that is not
law but must be adhered to for all research conducted within the NHS. This includes a requirement for
the management of Intellectual Property.

As an employee of the Trust you must comply with all reporting requirements, systems and duties in
action put in place by the Trust to deliver Research Governance.

Bribery/Corruption

It is a condition in the course of your employment that you will not offer, promise, give, request, agree
to receive, or accept any bribes; when conducting Trust activity; or when representing the Trust in any
capacity. It is also a condition of your employment that you will declare any direct or indirect interests,
financial or otherwise which may conflict with your duties and responsibilities at this Trust. Failure to
follow the Trust standards surrounding anti-bribery as a whole, whilst potentially a criminal offence, is
also a gross misconduct offence in line with the Trust’s Disciplinary Policy & Procedure and may
result in summary dismissal from your post, if proven.

Appendix 3 - Addendum to Contract (cont.)

The reporting of potential acts of bribery should follow the same procedure as the Trust’s Anti-Fraud,
Bribery & Anti-Corruption Policy. The Trust’s Raising Concerns Policy provides all staff with
information and guidance on raising concerns appropriately, including dealing with suspected fraud,
dishonesty and Public Interest Disclosures.

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Concerns can also be reported to the Trust’s Local Counter Fraud Specialist or via the Local Trust
Confidential Hotline. Details are available on the Trust intranet site.

Collective Contractual Change

The Trust has collective agreements with the trades unions it recognises. The Trust and those unions
may agree changes to your terms and conditions in accordance with these agreements and those
changes will affect you, therefore the Trust will notify you of any such changes.

Working in Partnership with Staffside Organisations

The Trust is fully committed to working in partnership with staff-side organisations and Trade Unions.
The Trust therefore encourages staff to join and use the resources available of the organisation most
suited to their staff group. A detailed contact list can be accessed from the intranet.

NHS Constitution

During your employment with the Trust you are obliged to adhere to the NHS Constitution and its
principles and values. You must be aware of your Duty of Candour which means that you must be
open and honest during your employment and if you see something wrong, you must raise it.

You must read the NHS Constitution in full and can download this from

https://www.gov.uk/government/publications/the-nhs-constitution-for-england

Social Media Policy

You must comply with the Social Media Policy that is available at www.sharedservices.sthk.nhs.uk

Appendix 4 (GP Only) - Addendum to Contract

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 1. Performers List

Your appointment is subject to you being a member of the performers list. For August 2020 new
starters this is under review and you will be advised and updated by the Lead Employer as updates
are available.

2. Location and Duties

• You may be required to travel to provide home visits to patients, and to undertake other
duties outside the surgery as required for the purposes of GP training. With respect to any
requirement to use your own vehicle to undertake a home visit, you will be sent further
clarification relating to this expectation in due course by either HEE or the Lead Employer.
Any potential expense claims in this regard will be subject to this clarification.

• Save where you are required to provide or assist with an educational presentation, or for
your own educational benefit, you will not be required to perform duties which will result in
the receipt by the practice of private income, unless an arrangement to the contrary is
entered into before the commencement of your GP Specialty training at the host (this may
include writing private sick notes). Any such agreement to the contrary shall specify the
extent and nature of the duties that may be required.

• You are required to care and be responsible for, maintain and, if necessary, replace and
return at the end of the training period any medical equipment or supplies made available
to you by the trainer/educational supervisor during your employment.

• Complaints: If you are required by your trainer/educational supervisor to participate in any

complaint investigation or hearing in the practice under the NHS complaints procedure, you
must be available. This requirement extends after your employment with the practice ends,
providing you are then still in the United Kingdom, and includes attendance at any
independent review procedure or disciplinary hearing if your presence is required.

3. Professional Registration and Indemnity

As a GP Trainee, although while you are contractually required to ensure you have sufficient
indemnity cover will be covered for clinical indemnity claims while undertaking NHS work in an NHS
Trust by the indemnity scheme the Trust has in place and while undertaking NHS work in a GP
Practice by the indemnity scheme set up by the Department of Health for GP Practices. HEE have
agreed to provide cover with a medical defence organisation to cover you for professional indemnity
claims and for all claims resulting from non NHS work undertaken as part of your training.

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 4. Fees

All fees received by you by virtue of your position in the practice shall be paid to the practice or as
they may direct.

Appendix 4 (GP Only) - Addendum to Contract (cont.)

5. Records

You will keep proper records of attendance, visits by and to patients and all other such records as are
required by NHS legislation, or are reasonably required by the partners.

6. Prohibited Acts

You will not:

• hold yourself out to be in partnership with the trainer/educational supervisor or other

partners of the practice

• pledge the credit of the partners of the practice.

• do anything which shall cause the reputation of the trainer/educational supervisor or other
partners of the practice to be brought into disrepute.

• publish (except with the written consent of the trainer/educational supervisor) any
documents, articles or letters, etc which may purport to represent the practice or the views
of any of the partners.

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 7. Transport

You must either hold a current valid driving licence and potentially have use of a motor vehicle, or
provide alternative means of offering emergency and domiciliary care to fulfil the requirements of the
post if required. (Subject to further clarification in due course).

Note: It is necessary to notify your insurance company that you intend using your motor vehicle for
business purposes, before doing so. Otherwise your insurance cover may be inadequate.

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