Frequently Asked Questions

If I am not a member of a trade union but would like to join the Strike Action planned, am I able to do so?

Yes – you still have the same entitlement to participate in legal, official Strike Action as union members if you are a resident doctor with an NHS employer. However, please be advised that you will not be supported by the BMA when taking Strike Action unless you are a member. If you are an MDS member, we will offer you relevant advice and support. 

If you are unsure whether you are entitled to take part, we would encourage you to review the BMA’s guidance. 

If you are still unsure after reading this guidance, please get in touch with us and we will be more than happy to advise you further on your position. 

If I am not a member of the BMA but do belong to another trade union and would like to join the Strike Action planned, am I able to do so?

Resident doctors who are members of a different trade union (for example, HCSA) should check with their union as to whether or not their union has balloted and if it supports the Strike Action. If it has not, or does not, you should think carefully about taking part in the Strike Action as this would be considered unofficial action. 

Am I able to strike if I am a locum doctor?

The rules of Strike Action apply to locum resident doctors in the same way they do to substantive resident doctors. Thus, entitlement to strike is dependent on whether or not you are employed by the NHS.  

You will be entitled to strike if you are employed by an NHS Trust, which is the case for the overwhelming majority of locum doctors. You can still be employed by a Trust even if you use an agency to book shifts. Locum doctors employed by Trusts are regarded as self-employed and the usual legal position regarding self-employed persons applies. That is, you are free to accept or reject offers of work as you see fit, however, you should provide notice of your intent and cancel your shift in writing. 

On the contrary, if you are directly employed by an agency and have been rostered to work on the day(s) of the Strike Action, then you should attend for work as usual to avoid breaching your contract. If you wish to take part in the Strike Action, you should consult with your employment contract to ensure that you are complying with any stipulated notice period and you must obtain confirmation in writing from your agency that you are not obliged to be present for pre-agreed shifts. 

Am I able to strike if I am on maternity leave?

You are unable to strike if you are on maternity leave. This is because you would not be expected to be on a shift on the days of Strike Action. However, you would be entitled to attend protests and demonstrations in support of Strike Action if you wish. 

What are the consequences of taking part? 

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

Taking part in Strike Action will not break your continuity of employment, however each day will be deducted from your continuous service which may impact on your pension and annual leave entitlement. 

If I do not attend for work on the proposed Strike Action dates, will I have pay deducted and if so, when will this take effect? 

If you take part in the Strike Action, you will lose any pay entitlement for the days which you do not attend work when you are supposed to do so. 

Your employer should have been provided with advice from NHS Employers on the appropriate pay deduction calculation. You should expect to lose the equivalent of 1/365th of your annual salary for each day that you strike. 

It is unlikely that your pay will be deducted in the same month as you took the relevant Strike Action. This is because it takes some time to record the activity and for the necessary arrangements on the system to be made by payroll. It is important to check your pay slip each month to ensure that this deduction has been applied correctly. 

If I am sick on a day of Strike Action, will I be paid and how should I report my sickness? 

If you feel unwell on the days of Strike Action, you should report your absence in line with the normal reporting arrangements unless other guidance has been provided. Please note that given the circumstances you may be required to submit a GP Fit Note. 

I am a member of the BMA, but I did/ 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, or did not vote at all, it is entirely your choice whether you want to take part in the Strike Action. If you do not wish to take part in the Strike Action, you should report to work as normal. 

Is my employer 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 and/or if you intend to take Strike Action. However, you are not legally obliged to inform your employer that you are participating. You may wish to do so to ensure appropriate planning for patient care and safety. 

If I am on annual leave or study leave on the days of Strike Action, will I be paid? 

If you have booked annual leave or study leave on the days of Strike Action, and continue with these arrangements (e.g., attending a booked course) then you will be paid as normal. However, if you wish to participate in the Strike Action, you must cancel or rearrange your leave in order for our above advice on the Strike Action to apply.

MDS can help

If you are a Medical Defence Shield member, and the above guidance does not answer your questions about Strike Action, please do not hesitate to contact us on 0300 30 32 442 or [email protected] and we will be more than happy to assist you further.

Not an MDS member? Join our Doctor Defence membership today!