What pay protection is

As part of the 2016 contract deal, resident doctors who worked under the 2002 contract or applied for their training programme ahead of the 2016 contract implementation are normally entitled to pay protection. There are two types of pay protection available to this group of doctors, these are outlined below.

Section 1 pay protection

• Available for doctors who were at the earlier stages of their training at the time of implementation of the 2016 contract.
• Based on the basic salary and banding that you were earning on the day prior to starting work under the new contract.
• This has been extended to 6 August 2025.

Section 2 pay protection

• Available for doctors at later stages of the training programme.
• Doctors on section 2 pay protection are paid a basic salary on the pay scale (MN37) on which they were previously paid under the 2002 T&Cs.
• Doctors receive annual increments on the anniversary of their previously agreed incremental date until they exit training or until 6 August 2025, whichever is sooner.

The 2016 TCS also defines two other types of pay protection relevant to some doctors – when changing training programme into a shortage specialty or for disability- or caring-related reasons, or re-entering training from a career grade into a shortage specialty. These are outlined below.

Changing training pathway

• Available to those moving directly from one core/specialty training programme into a hard-to-fill specialty, or into any other specialty for disability or caring related reasons.
• Need to take up offer of new programme within 12 months, unless this deadline needs extension as a reasonable adjustment or due to sickness or parental leave.
• Involves continuing to be paid as if you had not left the original programme, for as long as you remain within the new programme.

Re-entering training from a career grade role

• Available to those moving directly from a career grade role (e.g. SAS or consultant on national terms of service) back into training in a hard-to-fill specialty.
• Requires 13 months’ service in the career grade role.
• Provides protection of the cash amount of basic pay from the career grade role, until the new training grade salary overtakes this.

Pay awards and backpay

The interaction between pay award increases and pay protection can be complex, and varies according to protection type. This can be magnified when pay awards are applied retrospectively, especially when there is significant backpay applied to substantive resident doctor pay scales. So members with pay protection may be keen to confirm they have been paid correctly.

The following explains how the different types of pay protection interact with pay award increases and potential backpay. All contractual references are to the 2016 TCS. The types are in order of how likely they will be to continue to apply – from most doctors down to fewest doctors.

Changing training pathway (schedule 2 paragraph 48)

Under this form of protection, you should continue to be paid on the pay scale you would have been on if remaining in your previous training programme, continuing to progress through the pay scales according to ARCP outcomes in your new programme. ‘For example, if a doctor switches into GPST1 and is pay protected at the ST2 pay point, and successfully progresses to GPST2, their pay protected amount will increase accordingly and be based on the ST3 nodal point. Pay for additional hours, hours at enhanced rates, or any other amounts will be based on this higher salary amount. The doctor will receive the relevant flexible pay premium in addition to this’ (from schedule 2 paragraph 51). 

This form of pay protection is therefore not eroded by increases to pay scale values, so the backpay increase should not reduce its value. You should receive the same pay rise as would apply to a colleague in the higher grade you are protected at. 

In the event of a pay award / back-payment

If you are protected under this form of pay protection after changing training pathway, and your employer tells you that you have ‘lost’ this pay protection as a result of the backpay increase, or that you will not benefit from the increase as a result of your pay protection, this is likely to be wrong. Please query with your employer whether they are paying you according to the correct form of pay protection, and refer them to this guidance. Should they maintain their position, please get in touch with the BMA so we can support you further.

The final two forms of pay protection will be relevant only to very few members, but are included for completeness. 

Re-entering training from a career grade role (schedule 2 paragraph 58)

This pay protection is in effect a 'cash floor' based upon your previous career grade salary. It takes the form of an uplift of the amount required to increase your substantive training salary to the protected level. As your substantive salary increases, the protection uplift will therefore reduce accordingly, resulting in no overall change to your total salary. 

This continues until your substantive salary increases beyond the protected level, at which point the protection disappears and your total pay will increase as normal. In this case, your total salary should not reduce as a result of the resident doctor backpay increase, but it is correct for your protected amount to reduce by a corresponding amount as your substantive pay increases. 

Note that any pay award increases to your previous career grade salary, if applied retrospectively and applicable to the point you were last employed in that career grade, would increase your protected salary. However, increases to the career grade pay scale in the years since you left it will not impact or lead to an uplift to your protection.

In the event of a pay award / back-payment

If you are protected under this form of pay protection after re-entering training from a career grade, and your employer tells you that your protection has reduced as a result of the backpay, please check that this ‘reduction’ has been offset by the backpay increase to your substantive training salary – and ask your employer to break this down for you if necessary. 

If this is not the case, please query this with your employer and refer them to this guidance. Should your employer insist it is correct that your pay has reduced overall following the backpay, please get in touch with the BMA so we can support you further.

Section 1 transitional pay protection (schedule 15, originally schedule 14)

This form of pay protection is only applicable to those whose salary has remained below their protected salary level at the point they first moved onto the 2016 TCS. This also works as a ‘cash floor’, similar to the protection for those re-entering training from a career grade role explained above. Similarly your total salary should not reduce as a result of the resident doctor backpay increase, but it is correct for your protected amount to reduce by a corresponding amount as your substantive pay increases.

In the event of a pay award / back-payment

If you are protected under this form of pay protection and your employer tells you that your protection has reduced as a result of the backpay, please check that this ‘reduction’ has been offset by the backpay increase to your substantive training salary – and ask your employer to break this down for you if necessary. If this is not the case, please query this with your employer and refer them to this guidance. Should your employer insist it is correct that your pay has reduced overall following the backpay, please get in touch with the BMA so we can support you further.

Section 2 transitional pay protection (schedule 15, originally schedule 14)

This form of pay protection is only applicable to those who were already at ST3 or above prior to the 2016 TCS being introduced. If you are covered by this protection then you are simply paid according to the previous (2002 TCS) pay arrangements. 

This form of pay protection is therefore not eroded by increases to pay scale values, so the backpay increase should not reduce its value. You should receive the pay rise applicable to the 2002 TCS pay scale. 

In the event of a pay award / back-payment

If you are protected under this form of pay protection after changing training pathway, and your employer tells you that you have ‘lost’ this pay protection as a result of the backpay increase, or that you will not benefit from the increase as a result of your pay protection, this is likely to be wrong. Please query with your employer whether they are paying you according to the correct form of pay protection, and refer them to this guidance. Should they maintain their position, please get in touch with the BMA so we can support you further.

Pay protection eligibility

The eligibility criteria for the ‘transitional’ forms of pay protection (section one and section two) are set out in schedule 15 of the resident doctors TCS. The eligibility criteria for the changing and re-entering specialty training forms of pay protection are set out in schedule 2 of the TCS (with paragraph references in the explanations above). They are complex, so you are encouraged to read any relevant criteria in full.

Our guidance on understanding your payslip may be useful, to understand how the other elements of your pay have been worked out.