Ordinarily during strikes, appropriate senior doctors are asked to work in urgent and emergency care to ensure the safety and continuity of care for patients in those settings. It is appropriate and necessary to reduce non-urgent elective activity to prioritise life and limb in line with reduced staffing. 

However, this year NHS England has insisted that elective activity should go ahead. This is irresponsible. We have raised concerns with NHS England and are continuing to talk to them about how they should plan accordingly. 

Local agreements to run services should have been reached between employers and other members of staff, and elective and non-urgent care postponed. 

However, in light of NHS England’s recent guidance, Trusts may attempt to run more elective activity than during previous rounds of strike action. 

If you wish to formally notify your Medical Director and HR Director that you do not accept the decision to divert resources to elective work or non-urgent clinical care during the period of industrial action by resident doctors, or that you are working under protest, you can use this template.

Irrespective of the actions of NHS England, derogations will first need to be agreed by the BMA at a national level. If there is a derogation at your department or Trust, you’ll be asked to return to work by your Trust and we will confirm this on BMA X and our strike action toolkit as soon as possible. Please always check for a verification from the BMA.

Resident doctors on strike should not be asked to return to work unless we confirm a derogation. We have agreed with NHS England (NHSE) a failsafe bypass mechanism only where a massive, externally declared event occurs which requires the urgent return of resident doctors. In these exceptional circumstances the Trust may ask you to return to work in parallel with central escalation to NHSE and the BMA. This should be exceptional, will be audited, and will be subject to review of our arrangements in future industrial action.