Employement rights

As your union, we can support BMA members who run into difficulties due to taking action. We are not able to support any non-members who decide to take industrial action.

What to say to your Health Board/lead employer

Once a strike date is announced we know that health boards/trusts will begin to organise shadow rotas in anticipation of strike days. If you are asked by your employer in advance or on a strike day, please note:

• You are not legally required to respond to such questions and to do so would undermine any action we do take
• You may respond by saying that we have advised you that you are not obliged to answer

If your employer is insisting that you provide them with this information, please contact us for support.

However, if you are asked after you return to work you should respond truthfully.

What the GMC says

The GMC emphasises 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.

Take reasonable steps to hand over patients

The guidance in Good Medical Practice states the doctor has a duty of care to ensure the safety of patients to whom they are delivering care. This duty extends to ensuring that reasonable steps are taken to achieve the safe hand over of patients under their care. See 'Good Medical Practice' paragraph 14.

Your duty of care does not extend to patients no longer in your care

A doctor who has properly handed over care of his or her patients cannot be said to be under a professional obligation enforceable by the GMC. The GMC acknowledges that during industrial action doctors’ employers will have a vital role in planning and preparing for how patients will be cared for. See 'Good Medical Practice' paragraph 14.

Dealing with pressure to return to work

We will support any of our resident doctor members who is pressured to return to work outside of the escalation procedure. If you believe you are being pressured to go back to work, you should contact us as soon as possible.

It is important that you keep a note of what happened, including retaining emails.

If your employer takes action against you

The right to take industrial action is protected by UK employment law.

In cases where an employer takes action against a member as a result of his or her involvement in industrial action, we would provide support under the terms of the 'My BMA' contract of membership. Please refer to this for more details.