Understanding GP pay transparency disclosures

General practice (GP) pay transparency was introduced into the GP Contract Regulations in October 2021. The initiative aims to provide clarity on the earnings of GPs, promoting transparency and trust within the healthcare system.

This blog will delve into the specifics of what needs to be disclosed, the timeline for disclosures, who is required to disclose, the process of disclosure and the consequences of non-compliance.

What needs to be disclosed?

GPs are required to disclose their NHS earnings if they exceed a certain threshold. For the financial years 2021-22 to 2023-24, the thresholds are as follows:

• 2021-22: £156,000
• 2022-23: £159,000
• 2023-24: £163,000

These earnings include all NHS-related income, not just those from core GP contracts. The earnings figure which needs to be disclosed is the GP’s pensionable income, which can be obtained from their superannuation certificates. If a GP is opted out of the scheme, and as a result doesn’t need to complete a superannuation certificate, they will still need to declare their earnings and the amount to be declared will need to be calculated.

Individuals need to include their name, job title, the organisation(s) from which the NHS earnings were drawn and the NHS earnings for the year in question (in bands of £5,000). This data will be published by NHS Digital in a national publication.

When does it need to be done by?

The self-declaration of earnings must be made annually. The data collection for the 2021/22 NHS earnings began in April 2023. Each subsequent year's earnings should be declared by the end of the financial year, which runs from 1 April to 31 March.

The disclosure for 2023/24 earnings was required to be made by 30 April 2025.

Who needs to disclose?

The regulation applies to practices who have had their contracts varied to include the new rules via a 14-day contract variation notice. The BMA has said that no practice has a contractual duty to comply with the rules until a 14-day contract variation notice is received and the period of the notice has expired.

The obligation to disclose NHS earnings applies to a broad range of individuals within the GP practice environment:

• Partners holding the GP contract (including non-GP partners)
• Contractors who are individual medical practitioners
• Partners of clinical sub-contractors and sub-contractors who are individuals
• Individuals working under a contract of employment or services, or as company officers
• Locums engaged via employment agencies

Practices are also required to amend their existing employment contracts with salaried GPs to include this obligation.

How to disclose?

The process of disclosure involves a self-declaration of earnings. This can typically be done through the NHS Digital platform, where GPs and other relevant individuals can log in and submit their earnings information. The data collected is used to ensure compliance and maintain transparency within the NHS.

Consequences of non-disclosure

As the requirement to make the declaration is included within the contract, and assuming that the terms of the contract have been agreed between the two parties, failure to declare earnings above the threshold would put the practice, not the individual, in breach of the contract.

Any practice in breach of the contract would be subject to the normal breach procedures. Where the breach is capable of remedy, a remedial notice may be issued which will include details of the breach and the steps needed to remedy it. If the breach is not remedied, the commissioner may send notice of termination of the contract.

To discuss this further, please get in touch on 0330 024 0888 or email enquiry@larking-gowen.co.uk.

George Crowe