We can only move to strike action if at least half of those who receive ballot papers send them back, and the vast majority of votes are in favour of strike. This is because trade union law requires that 50 percent of those eligible for the ballot take part, and that at least 40 percent of those eligible vote in favour for us to proceed.  

It is crucial that eligible members participate. Remind your colleagues to take part and encourage non-members to join HCSA so they can participate.

If members vote for strike, our Dispute Committee will move quickly to coordinate the action. By law, all instances of strike action would have to happen in the six months that immediately follow the ballot closing. We would be required to hold another ballot if we were to continue taking action beyond this date.  

Junior doctors will receive communication from our Dispute Committee, which will make clear when the strike action will take place. 

You must not take any action other than that which is recommended by our Dispute Committee, otherwise you will lose legal protection.  

The Dispute Committee may urge you to attend a picket line outside of your workplace to show support for the action. There are regulations governing picketing, including a limit of 6 people on picket lines. We will provide clear instructions in the event of a vote for strike.  

For more information, read the GMC’s position on industrial action.

Patients are already suffering because of policy on pay. Vacancies are rising, as doctors leave the NHS because they don’t feel valued. That’s why this action is so crucial – a proper pay award will help retain junior doctors. Strike action is not a decision doctors take lightly, but we need to make the government understand that the current situation cannot go on.  

Doctors, like other UK employees, have the right to take part in lawful industrial action, including strike, under employment law. The GMC has confirmed this. There are legal protections from unfair dismissal for the first 12 weeks of taking lawful industrial action, and there is limited protection after 12 weeks. 

It is possible that an employer could attempt to discipline you for striking, but it would be impractical and counter-productive where there are many employees taking action at once. HCSA will coordinate with other unions to make it impossible for employers to target individual members. If any employers decide to take action against HCSA members for participating in strike, HCSA will provide support to affected members.   

Striking does not break continuous employment if you return to work after the strike ends.

Participating in strike action is considered time out of training (TOOT), since you will not be gaining competencies on these days. You must declare any time out of training on your Form R for the Annual Review of Competency Progression. If strike action results in a breach of your quota, it is possible that you will be required to extend training or undergo a review of competencies at your ARCP meeting. The final decision will be taken by the Deanery. 

If an exam coincided with strike action, you would be able to take the exam as usual.

If you are absent from work to participate in legally organised strike action, then this will not affect your work visa and your sponsorship cannot be withdrawn on these grounds.  

Reduction in your pay as a result of strike action also will not affect your work visa. Your employer is legally required to report reductions in pay to the Home Office, but if it is as a result of legally organised action then this cannot be used to end your sponsorship. 

Please be aware that consecutive, unauthorised absences of 10 days or more are reportable to the Home Office, including those related to strike action. HCSA's Dispute Committee will confirm planned actions and their durations after the ballot has closed. In the event that actions will affect your unauthorised absence period, contact HCSA for advice on Advice@hcsa.com.  

For more information on above, please see government 'Workers and Temporary Workers'  guidance.

If you are applying for Indefinite Leave to Remain (ILR), absence related to strike action will not have a negative impact on your application. Your employer will have to provide a list of absences from work to support your application, but any related to strike action will not detriment the decision.  

Reductions in salary as a result of strike action will not have a negative impact on ILR applications. Your employer should confirm your gross annual salary to demonstrate you meet required thresholds in Immigration Rules.  

Please be aware that consecutive, unauthorised absences of 10 days or more are reportable to the Home Office, including those related to strike action. HCSA's Dispute Committee will confirm planned actions and their durations after the ballot has closed. In the event that actions will affect your unauthorised absence period, contact HCSA for advice on advice@hcsa.com.  

For more information, please see the Statement of Changes to Immigration Rules Sept 2019.