Full walkout guidance

Below we look at what you should do on the days of strike action depending on whether you are scheduled to work or not or if you are already at work when the strike begins.

Do not return to any shift that started within the strike period

You should not return mid-shift to any shift that started within the strike period even if the employer offers to pay you for time worked. You also run the risk of not getting paid for any part shifts. 

If you're already at work

You should finish your shift at the scheduled time. As per the GMC's Good Medical Practice, you are responsible for ensuring an effective handover. This is essential as part of a patient's continuity of care.

If you're on call

The hospital may ask those who are on call in the evening to come in during the day. If you are asked and you are a resident doctor you can refuse.

If you're not scheduled to work

If you are not scheduled to work on a particular day of action, you personally would not need to take industrial action. You cannot have your wages deducted on this day either.

You are fully entitled to join in organised activities on the day, and we would encourage you to do so.

If you’re scheduled to have a zero hour day

Doctors who are scheduled to have a zero hour day during, before, or after industrial action should continue to retain this, and will not be liable to lose pay whilst other doctors are undertaking industrial action, nor should they have their rota changed to remove their zero hour day.

The Board should not be proactively changing the rota schedule in ‘anticipation’ of strike action.

The zero hour days are contractual and are an important part of the work schedule so cannot be removed from a person’s rota.

If you're scheduled for a self-development time (SDT) day

Undertaking work on your portfolio, e-learning, audits or other self directed work is generally not undermining strike action if you are not clinically facing and so we would encourage you to continue with this, as we would for example for a conference booked with study leave. You should therefore also not have any pay deducted for continuing with this. We do not believe there should be any requirement for SDT work to be done on site and will support you to challenge any local policy which may say otherwise. However, just like any normal work day, if you were undertaking this work on a strike day, you could be redeployed to support a clinical area. In that instance, we would encourage you to strike instead. Your SDT day should be rescheduled for you and if not, and you are not given any other time to undertake this work, you should exception report for then having to do that work in your own time.

If you're scheduled to work a locum shift

Working locum shifts as a resident doctor during the strike (unless under an unavoidable contractual obligation - see our advice on this) will undermine the collective industrial action of resident doctors. This would likely prolong the strikes.

If you're working somewhere else

You can potentially take leave to join the picket and other activities. This is as long as your contract does not prohibit this. See our guidance on taking part for more information.

GP registrars

Legally, a GP registrar must picket at or near their place of work. They are not able to picket at a place that is not considered their place of work.

However, a GP registrar is not barred from taking part in a protest that takes place near to a hospital or other NHS building. If they are not part of a picket line, they are fine to join any organised protest.

Read our strike guidance for GP registrars

Calculating pay deductions

See our guidance

Dealing with pressure to return to work

We will support any resident doctor BMA member 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 details of any conversations, dates of events, and any relevant documents.

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 BMA member as a result of their involvement in industrial action, the BMA would provide support under the terms of the 'My BMA' contract of membership. Please refer to this for more details. 

On derogations

A derogation is an exemption from industrial action, for example a Board can seek BMA approval to call striking employees back to work in the event of a significant emergency or critical event (eg a plane crash). Requests which are clearly based on a Board’s failure to make appropriate cover arrangements will not be approved.

BMA Scotland has developed a protocol for receiving and processing any derogation requests. We expect them to be rare, but in the case of a genuine emergency, any request to leave strike and return to work will be clearly authorised by the BMA so you will be in no doubt of its authenticity.

Read our guidance on derogations

Other considerations

If you have an exam on the day of industrial action

You are able to do the exam on the day of action and take part in the industrial action activities around that. It is possible for your employer to cancel your leave, with any required notice under your contract. If your leave is cancelled, you will still be able to take industrial action and use the time to attend the exam.

You will likely lose a day of pay but you will still be able to take the day for industrial action and take your exam.

If you are unwell on a day of industrial action

Workers who are absent on sick leave when industrial action takes place keep their right to sick pay.

Employers can be expected to make their own judgement as to how to regard your absence if you call in sick on a day of action.

Time out of training (TOOT) quotas

Read our guidance on TOOT and strike days.

In the event of a major casualty event

A major casualty event could take a number of forms. For example, a major accident or security incident.

The pressure which hospitals find themselves under on a regular, sometimes daily basis does not constitute such an event.  Any NHS Board calling a critical incident will not in itself meet our criteria. In the event of a “major casualty event” there are protocols in place for an official derogation request to be submitted to BMA Scotland, where the request will be carefully considered.

Read our guidance on derogations.