Employment rights and industrial action

As your union, we can support BMA members who may run into difficulties due to taking action. If you encounter any such difficulties, or would like further advice on your rights when taking industrial action, you should contact us as soon as possible.

We are not able to support non-members who take industrial action. We would urge you and your colleagues to join the BMA before taking action.

You have the legal right to strike

The law recognises the importance and legitimacy of trade unions, collective bargaining, and industrial action. The right to freedom of assembly and association, which includes trade union membership, is a fundamental human right enshrined in the Human Rights Act 1998. While taking part in industrial action is not entirely without risk, trade union law includes powerful employment protections for those taking part (see below).

Telling your employer

Your employer is legally allowed to ask you whether you plan to take industrial action, but you are under no obligation to respond. However, the BMA has given advance notice to employers that this will be a Christmas Day level of service to ensure that the most urgent patients can be scheduled for care on alternative dates. To facilitate service planning, and minimise disruption to patients, we would encourage you to discuss your plans with colleagues so that appropriate arrangements can be made.

If you are asked whether you took part in industrial action after you return to work then you should respond truthfully.

Protections against unfair dismissal 

Taking industrial action typically involves breaching your employment contract by not working when required to. Your employer may therefore be entitled to deduct pay for the time you are on strike.

However, trade union law gives those taking industrial action certain employment protections. The most powerful protection applies where an employer dismisses a worker for taking part in industrial action lawfully organised by your union. A dismissal for this reason is automatically unfair. An Employment Tribunal can award compensation and, in some cases, order your reinstatement.

Based on the BMA’s experience of industrial action, we think it is very unlikely. that doctors would face dismissal by their employers. The BMA would provide any support necessary to members who were subject to threats of dismissal.

What the GMC says

The GMC recognises your legal entitlement to take industrial action. It is important you are clear on the GMC guidance on the duties of a doctor. This guidance is not removed or modified by taking industrial action. However, the model of action we are taking is Christmas Day cover and therefore all emergency services will remain in place and there will be appropriate handover arrangements as on any public holiday.