First Claim Filed in Group Action Following RCGP Guidance That Led to Dismissals of Hundreds of Physician Associates

Key Points:

• More than 300 Physician Associates (PAs) likely impacted, of which 4 out of 5 are women
• Compensation expected to exceed £10 million
• More than 2 million appointments lost due to the guidance risks ‘sacrificing lives on the altar of protectionism’
• Union calling for others to bring a claim before time runs out

The first indirect discrimination claims have been issued in what is expected to become a significant group of similar claims against GP practices up and down the country, after more than 100 Physician Associates (PAs) lost their jobs, or found themselves treated unfairly, following ‘detrimental’ and ‘severely restrictive’ guidance issued by the Royal College of GPs (RCGP).

The co-ordinated action, initiated by United Medical Associate Professionals (UMAPs), seeks justice for hundreds of PAs who experienced harm as a result of the RCGP’s new ‘scope of practice’ guidance.

The guidance was published on 9 October 2024 following the decision of the RCGP Council to oppose a role for PAs in General Practice altogether in September 2024. BMA followed suit by publishing its own guidance on 11 October 2024 setting out that PAs should not be permitted to make any independent treatment decisions.

The RCGP guidance, which is not legally enforceable, limits the current practice of PAs, stipulating that they must not see patients who have not been triaged by a GP, nor patients who present for a second time with an unresolved issue.

Rushed implementation of this guidance by employers has led to widespread job losses and redundancies. UMAPs has found that more than 80% of affected PAs are women, highlighting a troubling gender disparity.

“Despite not holding statutory authority, many GP practices have interpreted the scope as binding, and therefore justification for dismissal or disciplinary.

“PAs provide an essential service to the public in supporting GPs in the diagnosis and management of patients, supporting already beleaguered GP Partners who sometimes have to sacrifice their own salary to pay locum GPs when they can’t hire salaried GPs. As a result, the public lost more than 2 million appointments in the last year.

We know that one of the biggest determinants to morbidity and mortality is not being able to get a timely appointment, this move by the BMA and RCGP is literally sacrificing lives on the altar of protectionism.

“The treatment that my peers have experienced is deplorable and this first claim marks the beginning of our legal fight in obtaining acknowledgement of misgivings, apology and compensation for those whose careers and livelihoods have been shattered.”

– Stephen Nash, general secretary of UMAPs

UMAPs is backing a growing number of individuals in their claims against employers and RCGP/BMA, as part of the collective action. With nearly 300 PAs potentially affected, the full scale of the issue is still unfolding. UMAPs is urgently calling on all affected PAs to come forward, join the growing group and make their voices heard.

“There are very tight limitation periods for issuing a claim in the employment tribunal – so any Physician Associate who has been dismissed or adversely affected by the hasty implementation of the RCGP/BMA guidance should consider their options without delay.

“The fact that over 80% of those affected by job losses are women is deeply concerning and raises serious questions about fairness and equality in the workplace. In a modern democratic society that seeks to uphold equity and non-discrimination, any policy or guidance that appears disproportionately to impact one gender must be subject to proper scrutiny. We’ve now issued our first claims, with several more set to be filed shortly.”

– Sneha Nainwal, dispute resolution partner leading the group action claim

With the potential for compensation ranging from £50,000 to £100,000 per claimant, the total combined damages could be as high as £30 million, or even higher if employers continue with the hasty and unconsidered implementation of the RCGP and BMA guidance.

UMAPs is intensifying its efforts to support those affected and ensure their voices are heard before it’s too late. A private crowdfunding page has been launched in order to support those not in a position to self-fund a claim and those who have experienced extreme treatment following the scope launch.

Get Involved:

For further information or to join the group action, affected physician associates can contact: https://umaps.org.uk/trade-union-help-request/

Donations can be made here: https://www.crowdjustice.com/case/justice-for-maps/