Working out if you can take part
Check your contract
In a pay dispute with the NHS, you need a contract with an NHS employer to be able to take action. For these purposes, 'NHS employer' includes NHS England as an employer of public health consultants.
Those with honorary or VSM contracts with an NHS employer are not included in this action (see below).
You cannot take industrial action against any other non-NHS employer, such as a university employer.
Public health consultants who are employed by Government departments (i.e. UKHSA or OHID) are not able to take industrial action. This is because the ballot undertaken of these doctors was unsuccessful.
Check your role
Take a look at our list below to find if you can take part in industrial action as part of the pay dispute between the NHS and consultants in England.
You can take part in this industrial action if you have an NHS employer, unless you are employed on an honorary or VSM contract. You cannot take part if you do not have an NHS employer such as a private practice or a GP practice.
You do not have to be a member of a trade union to take part in industrial action, though you will not benefit from any support or protection from the BMA. If you are a member of another union but are not a member of the BMA, you cannot take action unless that union also successfully balloted to strike. Become a BMA member now.
You can take part in this industrial action if you have an NHS employer. You cannot take part if you do not have an NHS employer, such as a private practice or a GP practice, or are employed via a locum agency.
You can take part in this industrial action if you have an NHS employer, unless you are employed on an honorary or VSM contract. You cannot take part if you do not have an NHS employer.
You can take part in this industrial action provided you are employed on consultant terms and conditions by an NHS employer. You cannot take part if you do not have an NHS employer or are employed on a VSM contract. This applies to all medical managers, including clinical/medical directors, clinical leads, and associate and assistant medical/division directors.
You can take part in industrial action if you are employed on medical and dental terms by NHS England.
Public health consultants who are employed by Government departments (i.e. UKHSA or OHID) are not able to take industrial action. This is because the ballot undertaken of these doctors was unsuccessful.
You cannot take part if you do not have an NHS contract, for example if you are employed by local authorities (even on an NHS equivalent contract).
You can only take part in this industrial action if your primary employer is an NHS employer. You cannot take industrial action if your employer is a university/HEI.
Broadly, clinical academics are in two categories - those employed by a university/HEI with honorary NHS contracts, and those who are employed by the NHS with academic sessions recharged through the university.
When the university is the primary employer, in most cases, universities/HEIs are solely responsible for paying consultant clinical academics, even where there are re-charging arrangements with an NHS employer for clinical work delivered for them.
As the BMA is not in dispute with universities/HEI employers (the substantive employers of most consultant clinical academics) consultant clinical academics could not be balloted on industrial action and therefore cannot take part in this industrial action. Read more about what to do on the day.
When the consultant clinical academic’s primary employer is the NHS, they will be supported by the BMA to take part in this industrial action during their clinical activity though only on days when they are working for the NHS.
You cannot take part in this industrial action if you are a regular in the armed forces as you are prohibited from doing so under Queen’s Regulations.
You can take action if you are a reservist and the action falls during time in which you are contracted to deliver NHS services for your civilian employer. This is because you are not precluded from taking industrial action against your civilian NHS employer.
If you can't find the information you need in this guide, send us your questions here and we will add the answers to these pages.
Or contact our member relations team at [email protected] if you have a question about your personal circumstances.