1. Are level 9 award holders eligible to be included in the investment fund calculation and to receive an award?
Schedule 30 of the consultant terms and conditions para 8 states the arrangements from 1 April 2022:
"For these purposes ‘eligible’ will be defined as substantively employed consultants with at least one year’s service (on 1 April of the award year) at consultant level who do not hold an NCEA or a distinction award."
Therefore, those with Level 9 awards are included in the funding calculation and are eligible to receive an award (by the fact that they are not mentioned). Access the eligibility criteria.
2. Do consultants retain their pre-2018 LCEA when they retire and return?
Schedule 30 of the consultant terms and conditions para 11 states:
"with effect from 1 April 2023, a consultant with a pre-2018 LCEA who retires, or partially retires, and returns to the same employer will retain their pre-2018 LCEA."
Prior to 1 April 2023 existing LCEAs cease on retirement.
3. Can clinical academics apply for an LCEA?
Clinical academics who are not substantively employed by NHS organisations, but instead hold honorary contracts with them, are not ‘eligible’ for the purposes of the calculation of the LCEA fund. However, the expectation of the parties is that clinical academics will continue to be considered eligible to apply for LCEAs. Where a clinical academic is accepted as eligible to receive an award, additional funds will need to be provided by the employer to ensure that funding is not diluted for those with a contractual right to be considered eligible.
4. Consultants who work part time are entitled to awards as per the LCEA guidance. Should we pro-rata the payment?
Historically, LCEA payments have been pro-rated for those consultants who work part time.
As the 2003 TCS are silent on the payment of LCEAs to part-time consultants, there is scope for the employer to determine whether LCEA payments for part-time consultants remain pro-rated or they receive full payments. However, there are several points to consider.
Part-time consultants will benefit from statutory protection under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 but that only requires that part-time workers do not suffer less favourable treatment than comparable full-time workers on a pro-rata basis.
Employers are not obliged to provide part-time consultants with full payments and there may be a risk in doing so in terms of discrimination claims from full-time workers. In addition, a full payment to a part-time consultant, when they have not been included in the calculation of the fund as a separate full-time consultant (it being the case that FTE are used under the terms of Schedule 30), will dilute the pot of money available for distribution. We, therefore, suggest that a standard pro rata approach is taken to payment.
5. If a consultant does not re-apply for a national award do they revert to a local award?
If a consultant held an NCEA and it is due to expire and has been unsuccessful when applying for a new award they will revert to either a Level 7 or 8 Pre-2018 LCEA or will not receive an award as determined by the NCEA renewal scores as set out in Schedule 30.
Those receiving a pre-2018 LCEA will be subject to LCEA review process after 3 years.
If their NCEA is not due to expire the NCEA is retained until they successfully achieve an NCIA or expires, whichever is sooner.
If a consultant does not re-apply for a national award, they will retain their NCEA until expiry and are not eligible for the reversion arrangements.
6. When are employers notified of the outcome of National Clinical Impact Awards (NCIA) applications?
The Advisory Committee on Clinical Impact Awards (ACCIA) usually inform employers in January of each award year of the outcomes of national applications.
7. How are additional programmed activities (APAs) enhancements funded for those in receipt of an NCIA?
No central funding is provided for the necessary enhancement of APAs worked by holders of national awards so the cost will need to be met by the employer.
8. Can a consultant choose to decline a national award to retain their LCEA?
A consultant can apply for both a local and national award, but they cannot hold both.
Therefore, the consultant should consider prior to making a national award application the requirement to forfeit their local award if they are successful in securing a national award.
