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Comprehensive Guidance on Partial Retirement for NHS Consultants

Navigating Partial Retirement and PA Reduction Amid Health Concerns

nhs consultant reducing workload

Key Takeaways

  • Understand your partial retirement eligibility and requirements.
  • Submit a formal flexible working request with medical evidence.
  • Seek support from unions and engage in negotiations with your clinical lead.

1. Understanding Partial Retirement and Eligibility

A. Partial Retirement Rules

As of January 25, 2025, NHS Pension Scheme members aged 55 or older are eligible for partial retirement. This allows them to draw between 20% and 100% of their pension benefits while continuing to work on a reduced schedule. To qualify, members must reduce their pensionable pay by at least 10% for a minimum of 12 months following the drawdown.

B. Pensionable Activities (PAs) Reduction

Reducing from 10PAs to 6PAs represents a 40% reduction in workload and pay, which comfortably exceeds the 10% threshold required for partial retirement eligibility. This significant reduction aligns with the consultant's health concerns and desire for a more manageable workload.


2. Formalizing Your Partial Retirement Request

A. Submitting a Formal Flexible Working Application

Your colleague should prepare a formal flexible working request in writing. This application should clearly state the desired reduction from 10PAs to 6PAs and include a detailed explanation of health-related concerns stemming from Covid-19 that necessitate this change.

Steps to Submit the Application:

PAS Step Description
1. Draft the Request Clearly outline the desired PA reduction and health-related reasons.
2. Include Medical Evidence Attach documentation from a healthcare professional detailing the impact of health issues on work capacity.
3. Submit to Employer Send the formal request to the HR department following NHS protocols.

B. Including Health Considerations

Documented health issues are crucial in strengthening the case for a significant reduction in PAs. If the health problems since Covid-19 have been formally diagnosed and documented, including this information can provide a compelling justification for the requested reduction.


3. Negotiating with Your Clinical Lead

A. Presenting the Case for PA Reduction

Engage in a constructive dialogue with the clinical lead, emphasizing the benefits of a reduced PA schedule. Highlight how retaining expertise on a reduced basis can benefit both the individual and the department.

B. Proposing Compromise Solutions

If the clinical lead is hesitant to approve a reduction from 10PAs to 6PAs, propose a phased approach. For instance, suggest an initial reduction to 8PAs with a plan to further reduce to 6PAs after a set period, allowing time to assess the impact on service delivery.


4. Leveraging Support Networks

A. Union Assistance

Engage with trade unions such as UNISON or the British Medical Association (BMA) for advocacy and support. These organizations can provide guidance, represent the consultant in negotiations, and help navigate complex administrative procedures.

B. HR Involvement

Involve the HR department to ensure that the request is handled fairly and in compliance with NHS policies. HR can facilitate discussions between the consultant and clinical lead, and provide support in structuring the partial retirement agreement.


5. Exploring Alternative Flexible Retirement Options

A. Retire and Return

This option involves formally retiring and taking full pension benefits, then returning to work under a new, part-time contract with reduced PAs. It requires minimal service break (usually 24 hours) and can be a pathway to achieving the desired PA reduction without direct negotiation for reduced PAs in the current role.

B. Ill-Health Retirement

If health issues are severe and prevent continued full-time work, ill-health retirement within the NHS Pension Scheme is an option. This requires a specialist assessment and depends on the severity of the health condition.


6. Health-Related Adjustments and Occupational Health Assessments

A. Occupational Health Assessment

Requesting an occupational health assessment can provide formal recommendations for adjusted working conditions, including PA reduction. This assessment can substantiate the need for reduced PAs due to health reasons.

B. Workplace Adjustments Under the Equality Act

If the health condition qualifies as a disability under the Equality Act 2010, the employer is legally required to make reasonable adjustments. This can include reducing PAs, altering duties, or changing working hours to accommodate the consultant’s health needs.


7. Steps to Take if Your Request is Denied

A. Formal Grievance Procedures

If the initial request for PA reduction is denied, the consultant can file a formal grievance through NHS grievance procedures. This involves submitting a written complaint detailing the reasons for denial and seeking reconsideration.

B. Mediation and Legal Advice

Engage in mediation with HR or seek legal advice, especially if there is a concern of discrimination or failure to accommodate health-related needs. Legal counsel can provide guidance on potential claims under employment law.

C. Appeal Through Formal Channels

Utilize NHS appeal mechanisms to challenge the decision. This may involve presenting additional evidence or clarifications to support the request for PA reduction.


8. Practical Considerations

A. Financial Implications

Combining partial pension drawdown with reduced PAs can help maintain income stability. It's essential to consult with a pension advisor to understand the financial impact and plan accordingly.

B. Service Delivery Impact

Presenting a coherent workforce impact plan, such as proposing locum cover to mitigate the effects of reduced PAs, can demonstrate proactive planning to the clinical lead and strengthen the case for PA reduction.


Conclusion

Achieving a reduction from 10PAs to 6PAs while taking partial retirement requires a strategic approach that leverages NHS pension rules, formal application processes, and support networks. By thoroughly documenting health concerns, engaging in constructive negotiations, and utilizing available support structures, your colleague can enhance the likelihood of a successful partial retirement arrangement that aligns with both personal health needs and professional responsibilities.


References


By following these comprehensive steps and leveraging the available resources, your colleague can navigate the partial retirement process effectively, addressing both personal health concerns and professional obligations within the NHS framework.


Last updated January 25, 2025
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