Minimum service level regulations during strikes could be extended to doctors and nurses in hospitals to protect patient safety, the government has proposed.
The Strikes (Minimum Service Levels) Act, which gained Royal Assent in July and gives ministers the power to impose minimum levels of staffing during industrial action in key services, covers ambulance staff but not doctors and nurses in hospitals.
A consultation which will be launched by the Department of Health and Social Care today will seek views on introducing a minimum service level in urgent, emergency and time-critical hospital services, to ensure they continue to operate a “safe service” during strikes.
Minimum service levels during strikes
Minimum service levels to be imposed as Strikes Act passes
The consultation will be published as consultants take strike action over pay today, with junior doctors joining them tomorrow.
Health and social care secretary Steve Barclay said: “This week’s coordinated and calculated strike action will create further disruption and misery for patients and NHS colleagues.
“My top priority is to protect patients and these regulations would provide a safety net for trusts and an assurance to the public that vital health services will be there when they need them.
“In the face of ongoing and escalating strike action, we will continue to take steps to protect patient safety and ensure the health service has the staff it needs to operate safely and effectively.”
Professor Phil Banfield, chair of the British Medical Association council, said its members always ensure a minimum level of staffing is preserved during strike action.
“We have always maintained that consultants and junior doctors together, will never stage a full walk-out and we have been clear that we are not planning to do so, with urgent and emergency care continuing to run. It is disingenuous for the secretary of state to say otherwise,” he said.
“These regulations add further to what we’ve seen from this government in attempting to stifle the right for doctors to act collectively and fight for better pay and conditions in their workplace. Even before the recent Strikes Bill, the UK has some of the tightest restrictions on trade union activity in Europe, and now with threats that could see individuals sacked if they do not comply with these new laws it feels like another kick in the teeth to our profession, the very experts this government needs to deliver on its waiting list promise to the public.”
He reiterated the BMA’s call for the government to “drop its opposition to negotiating a new pay deal and get round the table with doctors with a credible offer”.
He added: “Rather than focusing on strike days, ministers should be looking to make sure that our health service is safely staffed for 365 days a year.”
Rather than focusing on strike days, ministers should be looking to make sure that our health service is safely staffed for 365 days a year.” – Prof Phil Banfield, BMA
Risk to industrial relations
Deputy chief executive of NHS Providers, Saffron Cordery, said: “Strike action in the NHS over the past 10 months has undoubtedly been disruptive for patients and staff. However, the Strikes (Minimum Service Levels) Act 2023, subsequent consultation on the detailed implementation as well as the consultation announced today, risks worsening industrial relations at a time when we need government and unions to get around the table and enter into talks to avert further escalation and disruption to patient care.”
TUC general secretary Paul Nowak said: “Instead of fixing our crumbling public services and sorting out the chronic retention and recruitment crisis blighting our NHS, ministers are threatening nurses and doctors with the sack for exercising their right to strike.
“Everyone knows NHS professionals already provide safe levels of staffing during industrial action.”
He said the Strikes Act, which has yet to come into force, will “only sour industrial relations and worsen disputes”.
“They’re unworkable, undemocratic and almost certainly in breach of international law. That’s why we won’t rest until this act has been repealed. And we won’t stand by and let workers get sacked for defending their pay and conditions,” he said.
The NHS Confederation has warned that strike action is putting patients at risk, with hospitals having to cancel a high number of appointments and operations.
Chief executive Matthew Taylor said: “This is much worse than before as we’re now seeing patients who have already had an operation cancelled due to industrial action be hit again with a cancellation to their rescheduled appointment.
“Leaders have also told us that this time round a higher number of operations and appointments for cancer patients are being cancelled, meaning that some of the very sickest patients may be suffering the most.”
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