This guidance replaces the Intra London Programme Transfer process and is extended to all KSS programmes and trainees from 1st April 2018.
Transfers between programmes are managed at the discretion of the TPDs. Where a TPD manages a whole region or pan London programme the discretion to transfer trainees to posts within their region sits with that TPD. Where a trainee wishes to transfer to a another programme then an agreement must be reached between those TPDs.
The transfer of trainees must comply with the 12-week code of practice to trusts and trainees.
Trainees should meet the criteria in Appendix A although this is used at the TPDs discretion as other factors can also be taken into account to ensure appropriate management of their programme and an even distribution across the specialty / region.
- The trainee is responsible for discussing their circumstances with their current TPD and discussing vacancies / placements with the prospective TPD.
- Informing the healthcare education team of any changes in circumstances, including a change to region, posts, address etc.
- Informing their current or future medical staffing department of their intention to move post.
- The Current TPD to discuss with the prospective TPD whether the trainee can be accommodated.
- Ensure that the 12-week code of practice deadline is met ie we must give 12 weeks’ notice to the trusts although14 weeks’ notice to the Healthcare Education Team is required to ensure this change is managed appropriately and in line with the code of practice.
- Inform HET that this transfer has been approved and where and when the trainee is transferring.
Healthcare Education Team:
- Update the database records for the purposes of training and ensure this is communicated officially to the receiving trust via the Trust rotation grids (TRoG) or via direct correspondence should the transfer fall outside of the usual rotation window for that specialty / programme.
Should a trainee wish to appeal the decision of the TPD this should be made in writing to the Head of School via the online portal and managed by the relevant specialty Officer.
Criteria for a change in personal circumstances
- Trainees are only able to apply for a transfer under one of the following four criteria:
Criterion 1 - The trainee has developed a disability as defined by the Equality Act 2010 (see below) for which treatment is an absolute requirement and where the treatment, care or social requirements can only be carried out in the geographical area the trainee has applied to relocate to, as confirmed by a report from their Occupational Health Physician, GP or their medical specialist.
Criterion 2 - The trainee is the primary carer for someone who is disabled as defined by the Equality Act 2010 (see below), expected to be a partner, sibling, parent or child, and these responsibilities have changed significantly, resulting in the need to move location, since the commencement of training on their current training programme. Trainees who provide care for a person as part of a group of carers, e.g. a family, are not eligible to apply under this criterion.
Criterion 3 - The trainee must have had a significant change in caring responsibilities for a child (under the age of 18) for whom they are a parent or legal guardian and who resides primarily with them, resulting in the need to move location. Having a baby and therefore being responsible for their care in itself is not part of this criterion. This change in circumstances must have been unforeseen.
- Please note: This criterion is based on childcare. Pregnancy is not part of this criterion. A trainee whose sole criterion is that she - or a partner - is currently pregnant will not be regarded as eligible.
Criterion 4 - The trainee has had a significant change in personal circumstances due to a committed relationship that could not have been foreseen following the commencement of their current programme, resulting in the need to move location.
Please note: a committed relationship refers to the relationship a trainee has with a partner (e.g. boyfriend, girlfriend, husband or wife) and not with other family members or friends.
Definition of 'disability' under the Equality Act 2010
- The Equality Act 2010 defines a disabled person as someone who has a physical or mental impairment, which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
- For the purposes of the Act:
- substantial means more than minor or trivial
- long-term means that the effect of the impairment has lasted or is likely to last for at least 12 months (there are special rules covering recurring or fluctuating conditions)
- normal day-to-day activities include everyday things like eating, washing, walking and going shopping.
- Some conditions, such as a tendency to set fires or addictions to non-prescribed substances, are specifically excluded. People who have had a disability in the past that meets the above definition are also covered by the scope of the Act. There are additional provisions relating to people with progressive conditions. People with HIV, cancer and multiple sclerosis are protected by the Act from the point of diagnosis.