Tinig UK has put together some helpful information for Filipino nurses regarding the ongoing nurses’ strike across the UK. This guide is based on the FAQs prepared by Louie Horne, Workforce Race Equality Standard (WRES) Clinical Research Fellow (NHS England), and Olivia King Senior Strategist WRES (NHS England).
What is a strike?
It is defined as ‘any concerted stoppage of work’ and can be a full withdrawal of labour for a set length of time.
What is industrial action?
There are three types of industrial action: a ‘strike’ is when employees refuse to work; ‘action short of a strike’ is when work is not stopped completely but is affected such as go slows, overtime bans and refusing to do some types of work; ‘work stoppage’ is when the employer stops workers from working by locking them out.
Can my employer take action against me if I join the strike?
No, an employer cannot take action against you if an official strike is taking place at your hospital. As the RCN balloted its members and followed protocol, this is an official strike.
If I participate in the strike, does it affect my contract of employment?
Eventhough a strike breaks the contract of employment, it does not break continuity of employment if you return to work after the strike ends. But your employer will reduce your length of service with them by the number of days you were on strike. This could affect your pension and statutory redundancy pay.
Will my work visa be affected if I join the strike?
No, your visa will not be affected. See this link for further details.
I am a union member but I do not want to join the strike. Is this allowed?
If you are a member of the RCN but do not want to join the strike, you have the choice not to strike and you do not need to explain why.
Can my employer ask me if I am taking part in industrial action?
Yes, they can ask you in advance, but you do not have to answer the question and you are allowed to change your mind.
Can my employer contact me to persuade me not to strike or not to take action short of a strike?
Yes. But your employer must not exert pressure on you or intimidate you. If you feel afraid of how your manager speaks to you, let them know that it is unacceptable and report it to your representative, HR or ask your staff network for help. Your health, wellbeing and sense of psychological safety is important.
Can my employer withhold pay for any day on which I take part in industrial action?
Yes, you are not entitled to be paid when you are on strike.
How is a strike day (day of action) calculated?
There is no statutory definition of ‘day of action’, deductions of pay will show in the employees’ pay slip. NHS Employers have informed ESR and systems are in place for employers to do this.
I am on a day off on days of the strike. Will I be able to join my friend from another hospital on strike?
You can support those on strike by offering food and drink but you will not be allowed in the picket line of another hospital site.
How will I know if my work will be affected by the strike?
Ask your manager for the information you need about your work duties. It is your right to ask for this information so that you can ensure your health and wellbeing is protected, that your stress is minimized while maintaining safe staffing levels in your department, and that you take your breaks.
If I am rostered to work on the dates of the strike and I am not a union member, do I come to work as normal?
It is up to you. You can come to work as normal or you can take strike action, but you cannot join the picket line unless you are a member of the RCN. Your employer will advise you on what you will be deducted if you do not work.
Can I have my usual breaks if I am working during the strike?
Yes, your legal rest breaks remain. Your employer must keep disruption to a minimum. In the planning for services, your employer should already account for breaks. Try to stick to your roster break agreements and ensure these are in place before the strike action if you are concerned about losing your break times.
How will my employer cover services during the strike action? I am afraid that I will be pressured to work.
Your employer can use in-house bank workers, agency workers already in place, volunteers, existing staff moved from another speciality, workforce sharing across organisations, temporary workers and much more. They will have had time to put measures in place so that essential services can run. If they put pressure on you, you can reply that they have had time to find alternative sources for doing the work and that they cannot intimidate you into working when it has not been agreed upon. Your protection against bullying, harassment and victimisation are the same as usual, and your employer has to respect that.
Top photo credit: Robert Franco, senior charge nurse at the University Hospital Southampton Foundation Trust (Facebook)
