Declaring GP Earnings
There is a contractual requirement for the earnings declaration to be made by 12th of November otherwise the practice (not the individual GP) will be in breach of contract.
For the BMA to make the recommendation not to declare earnings would be deemed industrial action and this decision has not been taken yet (and can’t be as a certain time has to elapse after dispute has been raised before IA can be taken). Similarly, if the indicative ballot doesn’t return a majority in favour of not declaring earnings then there is unlikely to be a formal ballot calling for industrial action on this point.
This leaves everyone in a difficult position hence the BMA statement that they would “support” GPs who decided to take this action but can’t yet recommend it. The LMC are not a trade union so cannot make any recommendation.
It is important to note that if you act as an individual by not completing, then the practice contract is in breach so you should discuss with your partners and get agreement before you do this. Most partnership deeds contain a clause stating that any action by an individual that risks the GMS contract is a breach of the partnership agreement and could lead to expulsion so anyone doing this must have consent of their partners.
Any practice held in breach of contract would be subject to the normal breach procedures outlined in paragraphs 70, 72 and 73 in schedule 3 in the GMS regulations. This can include financial penalty, suspension or removal of the contract. It is important that the Partners are fully aware of these potential consequences if you chose to support a Partner in not declaring earnings above the threshold.
You may wish to take a look at the BMA details on this topic at https://www.bma.org.uk/pay-and-contracts/pay/other-doctors-pay/declaring-gp-earnings-over-150-000