Sessional GPs: employment law pitfalls

Posted: 10th July, 2012

Sessional GPs: employment law pitfalls

Sessional GPs, both salaried and locums, make up around 25 to 50 per cent of the GP workforce. Recent surveys suggest that many feel isolated and undervalued.

With more and more information concerning employee rights becoming easily accessible on the internet, it is important that employers try to engage and involve sessional GPs in their practice and, at the same time, ensure the correct employment contracts and procedures are in place so both parties to the employment contract understand their rights and obligations.

Salaried GPs

As employees, salaried GPs are protected by employment law and therefore have the full extent of employee rights, including the right not to be unfairly dismissed, as well as rights to sickness, holiday pay and other entitlements. It is therefore essential that employers ensure all salaried GPs are offered terms and conditions that comply with statutory employment law.

In circumstances where the salaried GP is employed by a General Medical Services practice or Primary Care Organisation, the employer practice must also offer at least the minimum terms and conditions for salaried GPs contained in the model salaried GP contract. Failure to provide these terms can result in severe consequences for the practice.

Locum GPs

Locum GPs are generally self-employed and therefore not protected by the same rights as employees. However, employers should still tread carefully where locums are concerned.

When deciding whether or not an individual falls under the definition of ‘employee’, an employment tribunal will examine the working arrangements of the locum, not just the contract. If, for all intents and purposes, the locum works on the same basis as the salaried GPs employed by the practice, there is a risk the locum could assert employee rights, raising potentially costly claims for practices to defend. It is a common misconception that if an individual is self-employed for tax purposes, they cannot be classed as an ‘employee’. This is incorrect and practices should be aware of the risks of locums on regular long-term placements gaining valuable employment rights.

Protecting your Practice

In order to ensure you are complying with your duties as an employer and protect your practice, we advise all practices to examine their contracts and procedures governing their relationship with both salaried GPs and locums, considering carefully:

• whether the salaried GPs employed by your practice who meet the relevant criteria are on the required minimum terms and conditions.
• whether your contracts for service with locums accurately reflect their working arrangements. If not, is there a chance they could fall under the employment law definition of ‘employee’ and earn employment law protection?

If you have any doubts that your practice is complying with its obligations towards sessional GPs or would like more information about any aspect of employment law, please call Katy Adcock on 01223 417200.

For information on other aspects of Medical Practices, please call Alison Barr on 01223 417200.