Asked by: Joe Robertson (Conservative - Isle of Wight East)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, pursuant to the Answer of 22 October 2025 to Question 77546 on NHS: Strikes, whether (a) paid and (b) unpaid trade union facility time can be used for NHS staff who are trade union representatives to take part in campaigning on (i) ballots and (ii) industrial action.
Answered by Karin Smyth - Minister of State (Department of Health and Social Care)
It is for each National Health Service employer and representatives of locally recognised trades unions to agree in partnership to local arrangements and procedures on time off and facilities that are appropriate in local circumstances and whether that time off is paid or unpaid. Local arrangements should also specify the circumstances when time off may be refused for either representatives or members and are expected to be consistent with the principles set out in Section 25 of the NHS Terms and Conditions of Service Handbook and the Advisory, Conciliation and Arbitration Service Code of Practice on time off for trade union duties and activities. Section 25 specifies that trade union representatives should make a request to their employer in advance when seeking time off for unpaid trade union activities. The request should include details such as the purpose of the absence, the timing, and the expected duration so the employer can give fair and due consideration of the request. The employer should not unreasonably refuse such requests, but the granting of time off should always be balanced against the needs of the service and what would be considered reasonable in the circumstances.
Asked by: Joe Robertson (Conservative - Isle of Wight East)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, pursuant to the Answer of 22 October 2025 to Question 77546 on NHS: Strikes, whether NHS staff who are on strike may be paid by another NHS trust for undertaking (a) agency and (b) locum during the strike.
Answered by Karin Smyth - Minister of State (Department of Health and Social Care)
Regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 stipulates that striking National Health Service staff can work for another NHS trust on days of industrial action as long as they do not do so via an employment business to cover the work of striking workers. Some employment contracts may require employees to either declare to or seek permission from their primary employer before working with another employer, and further guidance for employers can be found on the NHS Employers website. In addition, doctors should refer to the Good Medical Practice Guide issued by the General Medical Council (GMC) when making decisions about working during periods of strike action. The GMC advises that doctors who are due to work but are not attending because of strike action should remain prepared and available during their scheduled hours in case circumstances change.