Industrial Action FAQs

Please see below the latest FAQs regarding industrial action (IA) including guidance for host organisations and colleagues-in-training. 

Understanding Your Payslip

Before you check out the list of Industrial Action FAQs below, it is worth watching our understanding your payslip guidance video to familiarise yourself with the process.

Colleague-in-Training FAQs

Self Reporting E-Form Links

• How do I report if I participated in July 2023 industrial action (IA)?

  If you are a colleague-in-training who participated in July 2023's industrial action (IA), please complete this short online form.

• How do I report if I participated in August 2023 industrial action (IA)?

  If you are a colleague-in-training who participated in August 2023's industrial action (IA), please complete this short online form.

• How do I report participation in September 2023 industrial action (IA)?

  If you are a colleague-in-training participating in September 2023's industrial action (IA), please complete this short online form.

• How do I report participation in October 2023 industrial action (IA)?

  If you are a colleague-in-training participating in October 2023's industrial action (IA), please complete this short online form.

• How do I report participation in December 2023 Industrial Action?

  If you are a colleague-in-training who participated in December 2023's industrial action (IA), please complete this short online form.

• How do I report participation in January 2024 industrial action (IA)?

  If you are a colleague-in-training who participated in January 2024's industrial action (IA), please complete this short online form.

• How do I report participation in February 2024 industrial action (IA)?

  If you are a colleague-in-training who participated in February 2024's industrial action (IA), please complete this short online form.

• How do I report participation in June 2024 industrial action (IA)?

  If you are a colleague-in-training who participated in February 2024's industrial action (IA), please complete this short online form.

General

• Why is industrial action (IA) being taken?

  The British Medical Association (BMA) have balloted their resident doctor members for industrial action (IA) in furtherance of a trade dispute with the UK government around pay and conditions. The BMA have campaigned for higher pay for resident doctors but have not been able to reach a resolution with the government and so have escalated the dispute to now take strike action.

  It is important to note that the dispute is not a local dispute with the Trust, but a national dispute with the UK government.

  As a Trust we respect that the IA is lawful action and we will ensure support is in place for all staff, regardless of whether they are in a Trade Union or not and whether they participate in IA or not.

• If I am not a member of the BMA or HCSA, but do belong to another trade union and would like to join the industrial action (IA) planned, am I able to do so?

  Staff who are members of a different Trade Union should check as to whether or not their Union has balloted and if it supports the industrial action (IA). If it has not, or does not, they should think carefully about taking part in IA as this would be considered unofficial action.

• I am a member of the BMA, but I did not vote to strike in the ballot, can I still come into work on the strike days?

  Whether you voted yes or no in the ballot, it is entirely your choice whether you want to take part in the industrial action (IA).

  Anyone who does not wish to take part in their Union’s strike action is encouraged to report to work as normal.

  Furthermore, if you did vote yes in the ballot, you also have the right to choose whether you take strike action or not.

• Is my host organisation allowed to ask me if I am in a Union and if I intend to strike?

  Yes, your line manager is permitted to ask if you are part of a Trade Union. It is also acceptable for your manager to ask staff if they intend to take industrial action (IA). This effectively supports delivery of safe patient care despite any potential staff shortages due to IA. However, staff do not have to answer if they prefer not to or are unsure of whether they intend to strike.

• Are any of my terms and conditions affected if I strike?

  Going out on strike will not cause a break in continuous service. Each day will also be deducted from their continuous service, which may have an impact on pension and annual leave entitlement.

• I am intending to take part in strike action however I would like to understand what impact this may have on my CCT. Can you please advise on the GMC guidance Education Providers refer to in this instance?

  The specific guidance referred to by the General Medical Council (GMC) is outlined within the Gold Guide which outlines that any resident doctor who misses 14 days or more of training (this excludes annual and study leave and rest days), in each 12 month period, will be reviewed as to whether the colleague-in-training needs to have their Certificate of Completion of Training (CCT) date extended.  Therefore, where non-attendance on these days will trigger the above threshold NHSE would review this as part of your Annual Review of Competency Progression (ARCP) review.

   
• Can I still strike if I am employed in England but live elsewhere?

  Yes.

• Do I need to do anything If I don’t want to strike?

  We would encourage you to tell your host Trust if you are not intending to strike.

• How many days can individuals choose to strike on?

  Individuals can choose to take 1-, 2- or 3- days industrial action (IA), they do not have to take IA on all 3 days if they do not wish to.

  Whatever the reasons for their individual choices, it is important that all colleagues-in-training feel respected.

• What form will the industrial action (IA) take, and what derogations are being agreed?

  The British Medical Association (BMA) have stated that the industrial action (IA) will be a 96-hour walkout, which means that all activity (elective and emergency) will be affected.

  “Derogations” are exemptions from IA – to date, the BMA have not agreed any derogations.

• I am opting to participate in the industrial action (IA). Do I have to inform Lead Employer?

  The host organisation will inform us of any industrial action (IA) undertaken. We are encouraging all colleagues-in-training to inform their host organisation of their intent to undertake IA, however this is not mandatory.

• Does taking part in industrial action (IA) represent a break in service?

  It is considered a break in service if you have been out of employment with a recognised NHS organisation for more than one week; a week is measured Sunday to Saturday; there should be a break of one full week from Sunday to Saturday for the break to be considered a break in service.

• If I am not a member of any Trade Union, am I allowed to participate in strike action and does it impact my training?

  Non-Union members who take part in legal, official industrial action (IA) have the same right as Union members not to be dismissed because of taking action. Pay will be deducted.

• Can I 'work somewhere else' if I choose to strike?

  Colleagues-in-training can work elsewhere as long as it is not during the same hours you strike for. For example, if your shift was 9am-5pm and you choose to strike, you can't work elsewhere within those hours but could work 5pm-10pm. 

Maternity/Absence/Study

• Will my OMP (Occupational Maternity Pay) & SMP (Statutory Maternity Pay) be impacted if I go on strike?

  Going on strike can impact the amount of Occupational maternity pay (OMP) or Statutory maternity pay (SMP) a colleague-in-training receives. This can occur if a colleague-in-training goes on strike during the eight-week ‘set period’ in which their average weekly earnings are calculated for the purposes of OMP and SMP.

  As resident doctors are paid monthly, this eight-week period is represented by two payslips. The set period is calculated backwards from their last payday 15 weeks before their expected due week.They will not get paid for the days that they take industrial action (IA).

  If striking reduces a colleague-in-training's earnings during the set period, then this may reduce the amount of maternity pay they will receive. This is due to payslips with a reduced amount of earnings being used to calculate their average weekly earnings.

• How will industrial action affect my SMP (Statutory Maternity Pay) or if I am already absent from work for due to long term sickness?

  Usual pay provisions would continue during any period of sickness absence or maternity leave.

  However, if a colleague-in-training takes part in the industrial action (IA), even if they are unwell, this may result in the period of strike action being unpaid.

  Please note: Colleagues-in-training cannot strike whilst on maternity leave. This is because they would not be expected to be on a shift on the days of IA. For further guidance please contact your Union directly.

• If I am not due on duty on the days of industrial action and wish to take part, what will this mean for me?

  If the industrial action (IA) falls on a non-working day and colleagues-in-training wish to participate in your own time, this would be their choice. There would be no deduction of pay in this instance.

  Please be mindful, to maintain safe staffing levels, during periods of IA, colleagues-in-training may be asked if they are able to work on non-working/non-rostered days. It would be their choice as to whether they choose to work in this instance.

   
• How is absence reported?

  We request that all resident doctors inform us of their involvement in the August 2023 industrial action (IA) through the completion of the e-form which you can find here or by scanning the QR code below by no later than 9am on Monday 21st August 2023.

  

• I am delivering a teaching/study day during the strike action, should the teaching go ahead?

  Where a resident doctor chooses to take part in industrial action (IA), they should not undertake any teaching/study days if they fall on the same day. The decision to hold and attend a study/training day falls to the individual and NHSE, and not Lead Employer.

• Can I participate in industrial action whilst on sick leave?

  This is a personal choice. Should you choose to participate in industrial action (IA), this would result in ending your period of sickness absence to participate in strike action.

  Being fit for IA doesn’t necessarily mean your fit for work, and therefore you can resume your period of sickness at the end of your chosen period of IA.

Pay/Pensions

• If I do not attend for work on the proposed industrial action dates will I have pay deducted and if so when will this take effect?

  In line with normal industrial action (IA) as with any other NHS employee, if you strike on any of the dates to be confirmed then your pay will be deducted for the days not worked.

• If I am sick on a day of industrial action will I be paid and how should I report my sickness?

  Sickness absence should be reported in line with the normal reporting arrangements applicable to your host organisation. If you are unsure who to contact please contact your Medical Staffing Team or Practice Manager in the first instance.

  Please note in these circumstances you may be required to submit a Fit Note.

• What happens to my pension if I take industrial action?

  Colleagues-in-training are not entitled to be paid for any period during which they are taking industrial action (IA) (as they are not willing to work).

  Days on IA are non-pensionable and no pension contributions should be deducted. No pension service credit will accrue for the period.

  This means that colleagues-in-training are not obliged to make any employer pension contribution payments for the IA days as no pensionable pay will have been paid.

  However, colleagues-in-training who are active members of the NHS Pension Scheme can purchase additional pension if they wish to do so. Please refer to the NHS Business Authority Website for further details.

• I am due to be on annual leave on all of the strike days. Will I be paid for these annual leave days?

  Pre-arranged and authorised annual leave will not be changed unless agreed by both resident doctor and host organisation. Normal pay conditions will apply.

• What will my pay deduction be If I strike and when will they be deducted?

  As of the 3rd March 2023, NHS Employers provided an update on the arrangements for deduction of pay during strike action.

  Pay will be deducted as a daily rate of I/365th. We have been advised by our payroll provider that pay will be deducted in April or May dependant on the date that host organisations confirm an industrial action taken.

  For more information, please visit the NHS Employers website.

• If you are are a less than full time colleague-in-training and the strike days cover one working day only, how would this impact on pay deduction?

  The host will inform Lead Employer (LE) that you have partcipated in industrial action (IA) for 1 day and this will be deducted at 1/365th rate.

   

• Will pay be automatically deducted if I am not able to strike on those days for financial reasons?

  Pay will not be deducted automatically. It will only be deducted once confirmation from a host organisation has been received by Lead Employer.

• What is the exact calculation that will be used to determine the deduction of a day's pay?

  Pay will be deducted using the NHS ESR system. The calculation will be total yearly salary including basic pay and any pay elements divided by 12 (months in a year), then divided by number of days in the month in which the strike takes place, so for April 2023 that is 1/30.

  The total number of days deducted will be based on information provided to Lead Employer (LE) from your host organisation.

Picket Line

• What happens if I am not in a Union, but do not wish to cross a picket line?

  Non-Union members who take part in legal, official industrial action (IA) have the same right as Union members not to be dismissed because of taking action. Pay will be deducted as previously explained.

• What do I need to know about participating in a picket line?
  • A picket line should be near or at the place of work - it cannot be on a host organisation premises or block entrances and exits

  • You should ensure the picket line is in a safe place for you, other staff, the public and road users

  • The purpose of picketing can only be to obtain or communicate information, or to persuade any person to work/abstain from working

  • In addition, picketing must be done peacefully with no threatening or intimidating behaviour towards those that attend work and cross the picket line

   

  Code of Practice on picketing https://www.gov.uk/government/publications/code-of-practice-picketing  States there should be a maximum of six pickets at each entrance/exit of a workplace.

  It is likely your Trade Union Organisation will make arrangements for the picketing on days of industrial action (IA), therefore, please contact your Trade Union.

   

Visas

• As a colleague-in-training on a skilled workers visa are there any implications for me if I join the industrial action?

  Organisations must normally stop sponsoring a worker who is absent from work without pay for more than four weeks in total in any calendar year. This applies whether the worker is absent from work for a single period of more than four weeks, or if they have a number of absences which cumulatively total four or more weeks. However, there are specific exceptions to this rule and absence for industrial action (IA) is one of those exceptions. In addition, taking IA will not have an impact on any application for indefinite leave to remain that an individual may make.

  As a sponsored worker (Tier 2 or Skilled Worker) you have a duty to ensure that you comply with the conditions of your sponsored work. There are no reporting duties that you have to the Home Office ('HO') in the way we as your employer has to.

  However, you do have a duty to provide information to the HO when making an application (such as for ILR) if requested and your application must be submitted truthfully and without deception.

   

Host FAQs

• How do I record details of resident doctors who are on strike?

  We will issue a spreadsheet to hosts for completion to assist us with making pay deductions as reported. 

• Who should I contact in Lead Employer (LE) if I have any queries?

  Please forward all enquiries in relation to resident doctor industrial action to the Lead Employer (LE) Helpdesk Team at lead.employer@sthk.nhs.uk. Please include ‘Industrial Action’ in the subject header.

• What support will I receive as a host organisation from the Lead Employer (LE)?

  We will have designated contacts available for host organisations to contact during industrial action (IA) dates.  Further details will be shared once strike dates have been confirmed.

• Are resident doctors in a hospice placement which is a non-NHS organisation entitle to take part in strike action?

  Yes, if they have been balloted to take industrial action (IA), they are still entitled regardless of the status of the host in which they are placed.

• How do I access ESR to record industrial action? (GP Practices only)

  GP practices are required to update ESR by 10am on each day of strike action for any resident doctors who are striking. If you are at a practice that does not have access to ESR, please contact us as a matter of urgency: esr.helpdesk@sthk.nhs.uk to request your access details.

  You may also wish to refer to guidance on how to use ESR which you can find here.

• Will colleagues-in-training that have half days built into their rota have deductions made for a partial shift at a different rate to 1/365th?

  No

• Are colleagues-in-training who are working via NHS England Lead Employer, but are currently placed in a hospital in Wales be eligible to participate in the strike?

  Any colleagues-in-training who is employed by Mersey and West Lancashire Teaching Hosptials NHS Trust (MWL) will have the right to strike despite where their current placement is.

   
• For resident doctors wishing to take part in strike action who don't come in during 9-5 as per their rostered shift, are they able to cover a locum shift in the evening/night shift?

  The legislation does not prohibit a resident doctor who has withdrawn labour during his/her rostered shift from undertaking bank shifts as a locum at other times where he/she isn’t rostered to work. Organisations may not want to offer bank work to striking resident doctors as a point of principle but use of resident doctors in this way is likely to be determined by an organisation’s requirement to provide safe services.

  Using the definitions contained within the Working Time Regulations 1998, time spent on strike can be considered a rest period. Time on strike does not count as “working time” (unless there is a collective agreement stating otherwis e) as the individual is not working, not carrying out their duties and not at the employer’s disposal during that period (all requirements for “working time”). A rest period is a period which is not working time, other than a rest break (the uninterrupted period of not less than 20 minutes if the worker's working time is more than six hours) or annual leave. Accordingly, if individuals are rostered on days and strike during those periods, it is not working time (and is therefore a rest period) so the individual could then work the night shift.

Media

• What should I do if I am approached for comment by any media?

  Any approaches or questions from media should be referred to the Lead Employer Communications Team by email at Lead.EmployerCommunications@sthk.nhs.uk