Exception reporting reform FAQs

Should you have any immediate questions employers can contact us at doctorsanddentists@nhsemployers.org

The Resident Deal Implementation Group (RDI) has published a framework agreement outlining changes to the exception reporting process for resident doctors.

FAQ 01: The framework agreement will need to be translated into contractual terms; when will employers see the updated terms and conditions of service document?

NHS Employers, as part of the Resident Deal Implementation Group (RDI), is working to update the terms and conditions of service (TCS) as soon as possible, with an aim of by the end of April 2025. Employers can sign up to the NHS Employers workforce bulletin email to receive news and updates which will help to keep you informed about this work, alongside other latest NHS workforce news and developments.

FAQ 02: Will there be further support and guidance available to employers to help deliver the necessary changes?

Yes, the framework agreement document refers to various required updates to resources and new guidance. The RDI group will begin producing and publishing further resources to support employers with the implementation of these reforms. Employers are encouraged to sign up to the NHS Employers workforce bulletin email to receive updates on the publication of new and updated resources.

FAQ 03: Will there be webinars to learn more?

Yes, NHS Employers will host webinars to outline the upcoming exception reporting reforms for resident doctors on the 2016 Terms and Conditions of Service in England. These events are targeted to employers in medical HR, medical workforce leads and guardian of safe working hours (GOSWH) roles. 

The first webinar will be held on 8 April 2025 from 10-11:30am. Employers can book now on our web page.

Details of additional webinars will be promoted in due course. 

FAQ 04: When is the effective date of implementation for the new arrangements?

The implementation date is set for 12 September 2025. While employers can choose to implement the reforms earlier this will represent a significant challenge for the majority of employers. 

FAQ 05: We have a September rotation planned - can we implement these reforms early or do we need to wait until 12 September?

Employers are encouraged to implement these reforms as soon as they feel able to do so, but no later than 12 September 2025. It may be easier for some employers to implement changes ahead of a rotation date, depending on available resources and software changes being available.

FAQ 06: When will the fines come into effect?

The framework agreement introduces several new fines where new contractual provisions have not been met. Fines for a proven information breach, and in instances where access to ER systems is not provided to eligible doctors, will be applied from 12 September 2025. A lower fine rate will temporarily apply for access and completion between 12 September 2025 to 31 January 2026.

FAQ 07: Who is eligible to exception report?

Exception reporting is a contractual right for those doctors and dentists who are employed on the 2016 TCS in England. It is recognised that the 2016 TCS are widely mirrored in other employment contexts, and we encourage employers in England to make every effort to extend the reforms set out in the framework agreement to these doctors. The ESR system can generate reports to identify eligible doctors based on pay codes. However, a manual review of individual contracts is required for those whose contracts do not substantively mirror the 2016 TCS.  

FAQ 08: At our trust, we do not extend exception reporting provisions to our locally employed doctors on their contract, what can we do?

Employers should review their locally employed doctor workforce to identify eligible residents as determined by the framework agreement. As noted above, employers are encouraged to make every effort to extend the reforms set out in the framework agreement to these doctors. 

FAQ 09: Is there any additional funding to support implementation and maintenance of the new ER requirements?

There is no additional funding associated with the exception reporting reforms. There are additional administrative requirements associated with this process which will need to be taken into consideration when preparing for implementation of the reforms. We also expect there to be an increase in the amount of exception reporting following the implementation date. Employers should take action as normal to ensure safe working hours are maintained. 

FAQ 10: As an employer, what can be done now to prepare for this?

Employers should sign up to the NHS Employers workforce bulletin email to receive notifications about new publications, guidance, and news relating to this work. To prepare for the 12 September 2025 implementation date, employers can start to plan now.

Some initial suggestions are set out below, which we will set out in more detail in employer facing guidance materials: 

• Notifying the board: share the framework agreement with the board to instigate actions necessary to support local implementation planning activities. 
• Engaging with affected staff: inform staff about the agreed upcoming reforms, including HR/medical staffing teams, GOSWH, clinical and educational supervisors, and the wider medical workforce.
• Review eligibility of your resident workforce: identify which trainees are eligible for the ER reforms and confirm the locally agreed position for those locally employed doctors (LEDs) on mirrored terms and conditions. 
• Review onboarding processes: ensure prompt access to exception reporting systems is feasible for all eligible doctors. This will also require a review of current local induction processes. 
• Review HR/medical staffing team structures and how ER data is managed: identify any areas of potential conflict with the changes as described and compile a list of all individuals with access to exception reporting derived data.
• Review rota names: ensure all rota names on the exception reporting system match those given on work schedules.

By taking these steps and more, employers can start to prepare for the upcoming changes and to help identify any potential funding and staffing obstacles to delivery.

FAQ 11: We use software for our exception reporting, will they be informed of these changes?

The RDI group will engage with existing software developers that offer ER solutions (principally RLDatix and DRS) and publish a software specification to ensure products can be updated prior to the implementation date. The NHS Employers team will gather views and suggestions from employers on what may be required. Software companies will be engaged so that we have a clear understanding of their system development timescales and what additional training will be necessary to support system updates. 

FAQ 12: We don’t have a software system for exception reporting, how do we ensure we can implement all parts of the agreement?

If you have a local provision for exception reporting, review the framework agreement and further resources when they are available, and consider required updates. Alternatively, you may choose to undertake a tender to use an external software provider moving forward.