NHS Pay Campaign
Organiser’s toolkit
January 2015
UNISON • NHS PAY 2015
Introduction
This toolkit has been designed to bring together some existing advice and guidance into one
single document that can be used to organise effective industrial action. UNISON members in
the NHS have been involved in 2 periods of industrial action and 2 weeks of action short of
strike action. In 2015 our pay dispute is moving up a gear. Now more than ever we need every
member to play their part and get involved in the strike action and action short of strike action.
UNISON members working in the NHS have already taken part in two successful 4–hour strikes
in October and November 2014. We have now announced two further strikes, the first for 12
hours between 9am – 9pm on Thursday 29 January. Members will then work to rule between
Friday 30 and Tuesday 24 February, which means they will be working their contracted hours
and will take their breaks, and not do unpaid overtime. This will be followed a 24-hour strike on
Wednesday 25 February.
It is important to review preparations for industrial action now. These guidelines set out the
actions branches need to start thinking about in order to ensure the most effective action
possible and clarify some of the technical issues and concerns members may have about
protection whilst taking industrial action.
The following links will take you to the section you need and in the advice sections we have
included printing instructions so you can select the right pages to print each part and distribute
to members.
Contents
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2.
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6.
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8.
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15.
16.
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Recruit!
Organising your action
Who can take industrial action?
When will the industrial action take effect?
Picketing
Emergency Cover
Exemptions from industrial action
Legal protection for those taking industrial action
Sick leave and pay
Annual leave
Employer intimidation
Use of Agency Workers
Use of Employers resources during industrial action
Members and/or representatives who may refuse to take industrial
action
Loss of pay
Hardship payments
Frequently Asked Questions
Advice for members and branches on taking your breaks and not
working for free
Advice for students working in the NHS during the period of industrial
action and action short of strike action
Links and Resources
Appendix A: Guidelines on picketing
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UNISON • NHS PAY 2015
1. Recruit!
This is a significant opportunity to recruit new members and increase active participation in the
union. A recruitment drive should be run in tandem with the dispute. Employees will see the
union standing up for them and trying to improve their working lives and will be more easily
persuaded to join. We have seen our recruitment figures rise in response to the industrial action
taken in October and November 2014, which demonstrates the work branches have done to
engage new members. It is also a time when existing members are likely to feel moved to
become more active so branches should also seek to recruit new representatives.
It is important that where we do sign up new representatives that we give them something
concrete to do as soon as possible. Maintaining their enthusiasm and getting them used to
doing something for the union makes it easier to go back and ask them to do more.
Our position on pay is popular with members and non-members because we are visibly
standing up for something that they feel is important. Visibility in the workplace is key so make
sure that lots of UNISON material is on the noticeboards and that it is kept up to date. Also,
make sure that UNISON representatives are visible in the workplace.
Branches must do everything possible to ensure the industrial action is effective. Good
communication is essential. If we fail to deliver effective action on pay, the government
and employers will look at other terms and conditions in the future. The Secretary of
State has already indicated a review of unsocial hours to implement 7-day services.
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2. Organising your action
UNISON members working in the NHS in England will walkout for 12 hours between 9am – 9pm
on Thursday 29 January. They will then work to rule between Friday 30 and Tuesday 24
February, which means they will be working their contracted hours and will take their breaks,
and not do unpaid overtime. This will be followed a 24-hour strike on Wednesday 25 February.
Once your branch has plans in place to organise the strike in your workplace, you will need to
think about what you can do to encourage members to take part in the action and to try to
create a bit of a buzz for Fair Pay. We know that it organising industrial action can be a great
way of recruiting new members and getting existing members more active in the union. Below is
a quick selection of organising ideas you might want to use or develop for your organising and
recruitment plan.
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Visit this link to find out what materials are available centrally http://www.unison.org.uk/atwork/health-care/key-issues/nhs-pay/resources/
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Visit this link to find out how you can put in a bid for money to support your organising
activity: www.unison.org.uk/news/articles/get-your-spot-bid-in-to-show-we-are-worth-it
In advance of industrial action
Update your details
If you do only one organising activity, make sure it is this!
Being able to communicate effectively with members through email and particularly texting will
help get more people involved in any activities you are organising for the strike or the action
short of strike action. Run a stall in a busy place on your site; or visit members while they are
working to get them to check and update their contact details. You might want to offer a daily or
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UNISON • NHS PAY 2015
weekly prize draw as an encouragement. https://my.unison.org.uk/ or call UNISONDirect on
0800 0 857 857.
Pledges
Actively collect pledges from members who say they will take strike action, will take their breaks
and won’t work for free – either through floor-walking and getting members to literally sign up or
running an email or Facebook sign-up. make sure you order stickers to give to those who agree
to take part. UNISON has produced a New Year pledge card for you to use when talking to
members. https://www.unison.org.uk/upload/sharepoint/On%20line%20Catalogue/22924.pdf
During the action
Have a break on us!
Staff contribute over a billion pounds to the NHS in unpaid overtime each year, so make sure
your members know that UNISON thinks they deserve a break. Why not create some Break
Vouchers to hand to staff when they pledge. This could offer a cup of tea and a biscuit (or a
healthy snack) on one of the days of action and could act as an incentive to recruit new
members.
You could even go a step further by holding your own Bake Off competition for members to take
part in or by joining with local cafes to provide drinks and snacks for strikers on 29 January and
for those taking their reclaimed breaks between 30 January and 24 February.
Don’t forget to think about how you can publicise the “take your breaks” and to encourage
members to “not work for free”. Show members how to claim their extra hours or get time off in
lieu.
Reclaim your lunch breaks!
Worn out staff are not good for the quality of patient care. Use the “take your breaks” action to
run a survey to find out how many members in your workplace regularly work for free by not
taking their lunch breaks. You could also talk to your Health and Safety reps about how you
could use the four days to run info stalls or sessions on the benefits of regular breaks and lunch
hours.
You could run a local “reclaim your lunch break” campaign by booking some rooms and
arranging activities you can invite members to join – show a favourite film in four parts; invite a
local chef to do a cooking demonstration; book a yoga or pilates instructor; organise walks
around the site.
Invite your MP to take a break with staff
Use our inforgraphic to invite your local MP to meet staff and have a break with them. A perfect
press opportunity http://www.unison.org.uk/documents/4155
Set up some refreshment stations in areas that community staff can get too and
publicise details.
Some branches will be running ”refreshment stations” in more public locations. If you have lots
of community staff in membership, you might want to see if you can set up tea tents in
convenient locations so you can tell community staff where they can call in to grab a drink and a
snack during the “take your breaks” days.
Don’t work for free!
Many members routinely start shifts earlier and finish later than their rostered times meaning
that they regularly work extra time UNPAID. Encourage members to claim these hours or not to
work them.
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UNISON • NHS PAY 2015
Tell the world!
Once you have your ideas in place, please let other branches know what you are doing by:
listing your activities on UNISON’s organising space:
https://app.tessello.co.uk/OrganisingSpace/Login.aspx?ts=635471673801638750
emailing us on ourNHS@unison.co.uk
Facebook http://www.facebook.com/ourNHSourfuture or tweet @unisonourNHS
Organising and Training
Branches, in conjunction with their regional organiser, need to think through organisation on the
days of the industrial action. UNISON has developed an Industrial Action Workshop that can
be accessed by your regional organiser and regional education co-ordinator. This covers
actions such as making a list of all the workplaces and all employers covered by the dispute in
your branch. Stewards in each workplace/employer should be brought together with branch
officers to discuss the arrangements for the day. In particular, rotas for the picket line need to be
organised and each workplace provided with supplies of publicity and materials such as picket
and steward armbands as well as placards. Branches should ensure that there is a lead contact
for every employer covered by the dispute and that the branch centrally and the regional office
have contact details for all these lead contacts.
Further advice on emergency cover is provided in section 6 of this guidance.
Other unions are also taking action on the same day as UNISON. However, there are other
trade unions/organisations who may be supportive of our dispute but not planning industrial
action themselves. It is therefore important to work with the other trade unions at local level to
ensure the maximum impact of the strike and any protests. Branches are encouraged to set up
joint trade union strike committees, to co-ordinate picketing arrangements and other activities so
that each union can play to their maximum strengths.
The purpose of the strike and protests is to demonstrate to the employers and Government our
strength of feeling over the current pay policy in the NHS.
A national protocol has been agreed to support and respect action taken between the NHS
trade unions.
Get the public on board
It is also very important to get our message across to the public. We all know that a critical
success factor in much industrial action is the degree of public sympathy. Branches will
therefore need to think through a publicity strategy aimed at getting the message across to
service users and the public at large. Contact should also be made with relevant community
groups.
As part of their planning for the action, branches should be in contact with their regional office to
find out what arrangements are being made for local meetings, demonstrations, rallies or
publicity stunts. Each branch will want to make their own arrangements to fit in with other
activities being organised at regional level.
Prime the press
Use the media to get the case across: local papers; radio; regional media and the professional
press. UNISON Focus, 0207 121 5543 infocus@unison.co.uk and the UNISON press and
broadcasting office, pressoffice2@unison.co.uk should be copied into all news releases.
Consideration needs to be given to a press strategy for the strike days. It is likely that the local
press will be very interested in this story and it represents an ideal opportunity to get our point of
view across to the wider public. Your region will be able to help you make plans to deal with the
press and should have a regional press strategy which your branch can “key” into.
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UNISON • NHS PAY 2015
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3. Who can take industrial action?
If branches are not clear which employers within their branch are included, they should liaise
with their Regional Office to establish this. If an employer has not been balloted, members in
that employer must not be called upon to take action.
Participation by new UNISON members in industrial action
New members of UNISON who have been balloted are covered by the industrial action call and
can take part in the action. This is a significant opportunity to recruit and branches are
encouraged to use it.
We are entitled to call out members who joined UNISON after the ballot, even though they were
not given a vote in the ballot. This is because, in accordance with the law, we balloted only
those who were members at the time. The industrial action therefore has the support of a ballot.
This is settled law following the decisions in London Underground v RMT (1995 – Court of
Appeal) and P v NASUWT (2003 – House of Lords). It is confirmed by the DTI‟s 2005 Code of
Practice, paragraph 22 of which states:
“The validity of the ballot will not however be affected if the union subsequently induces
members to take part in or continue with industrial action who at the time of the ballot: were not members or
 were members but who it was not reasonable to expect would be induced to take action
(for example because they changed jobs after the ballot).”
Since they will be taking part in industrial action that is supported by a statutory ballot, these
members have just the same protection from dismissal as members who were given a vote.
Clarification by the Nursing and Midwifery Council
During the pension dispute, following a robust response from UNISON to a statement issued by
the Nursing and Midwifery Council (NMC) on 5 October 2011, the NMC acknowledged that
taking lawful industrial action is not a breach of the nurses' code of conduct. UNISON believes
this is true for ALL regulated healthcare professions. The Nursing and Midwifery Council (NMC)
issued a press release on 5 October 2011 which UNISON believed was factually inaccurate as
it implied that nurses and midwives could be in breach of their professional code of conduct if
they took part in industrial action. UNISON responded to the NMC immediately, making it quite
clear that it was prepared to take legal action if they did not revoke the statement. The NMC had
to back down and now recognises that nurses and midwives can take lawful industrial action
without breaching their code of conduct. The NMC‟s statement can be read in full at
http://www.nmc-uk.org/media/Latest-news/Nurse-regulator-clarifies-its-position-in-respect-ofpossible-industrial-action-by-nurses-and-midwives/. UNISON is of the view that the same
position applies to all regulated healthcare professions (including the Health and Care
Professions Council and General Pharmaceutical Council) and nothing in the professional
codes prevents a registrant from voting for or taking lawful industrial action. UNISON will not
hesitate to take legal action against a regulator or employer if they try to use the Codes of
Conduct to mislead or intimidate staff.
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4. When will the industrial action take effect?
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UNISON • NHS PAY 2015
The first day of strike action is 29 January 2015 where UNISON members will be taking part in a
12 hour strike between 9am and 9pm. They will then work to rule between Friday 30 and
Tuesday 24 February, which means they will be working their contracted hours and will take
their breaks, and not do unpaid overtime. This will be followed a 24-hour strike on Wednesday
25 February. Ambulance members will be called upon to take part in specific action short of
strike action.
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5. Picketing
Attached to this document are Guidelines on picketing. (Appendix A). This guidance should be
strictly adhered to.
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6. Emergency cover
It is the employer’s responsibility to provide appropriate emergency cover, however industrial
action must be organised in a way which does not lead to claims of wilfully or maliciously
endangering life, limb or property. Employers will need to make arrangements to provide
emergency cover and are likely to approach ambulance branches to negotiate minimum cover
levels and exemptions. These will need to be negotiated locally. Branches should engage in
discussions with their employers but final sign off will rest with the region. Branches should
discuss the regional protocol for this with their regional organiser. This could be the regional
head of health or regional secretary.
Life-and-limb cover
Branches should be prepared to grant exemptions where there would otherwise be a direct
danger to life and limb of any person, such as in the emergency services. There are a range of
services where branches may wish to consider allowing life-and-limb cover, like residential
homes for children and the elderly, emergency duty social work and emergency meals-onwheels. The situation can be particularly problematic in the health services where patients are
obviously vulnerable. Risk assessments with health service managers are advisable. Branches
should bear in mind any adverse publicity that might occur, or be encouraged by the employers,
if the emergency services are disrupted or vulnerable people shown to be suffering hardship
which they will say is as a result of our actions.
UNISON’s national ambulance committee has issued more specific guidance for ambulance
branches.
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7. Exemptions from industrial action
If industrial action is to be effective, it needs to be hard-hitting and solid. Branches should not be
making offers of exemptions to employers, it is normal practice for the employer to request
exemptions and we should not normally exempt members we have balloted. A consistent
approach should be taken in regards to exemptions.
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UNISON • NHS PAY 2015
However, branches should consider exempting staff in the following categories: these staff may
suffer longer term financial loss from strike action and so should be allowed to work normally on
the day:
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Employees currently in their last year of service with their employer who are members of
the Scheme. However, those under threat of redundancy, but without a last day of
service will not automatically be exempted.
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Pregnant women who have notified their employer of the expected date of birth (unless
there is a clear commitment from the employer that the member will not suffer detriment
as a result of her taking strike action).
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People whose state benefits may be affected if they take part in strike action. Those
working under 16 hours a week may be entitled to income support. For members who
are in receipt of tax credits, an employer can only stop paying tax credits when the period
of absence due to strike action exceeds 10 consecutive days on which the employee
should have been working. However, the claimant must keep their benefits office aware
of their circumstances.
Branches must advise members to get advice from the benefits office/CAB as it will depend on
the individual's circumstances as to whether they should be exempted from the action.
If branches are contacted by employers on exemptions, no agreement must be given without
referral and approval by the region.
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8. Legal protection for those taking industrial action
All employees are protected from dismissal during the first 12 weeks of any lawful, balloted,
official industrial action. During these 12 weeks, the protection is absolute. Any dismissal
regardless of how long the employee has worked, or their age, is automatically unfair unless a
tribunal decides the dismissal was not to do with the industrial action.
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9. Sick leave and pay
Workers who are absent on sick leave when a stoppage of work starts retain their right to
statutory sick pay during the period of industrial action. If an employee reports sick on the day
the action starts, the employer can be expected to make their own judgment as to whether they
should be regarded as on sick leave or on strike.
For the purposes of statutory sick pay payable in the eight weeks after a period of strike action,
average earnings will reflect the lower earnings during the period leading up to the illness.
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10. Annual leave
UNISON does not regard anyone who takes annual leave on strike days to be participating in
the strike action.
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UNISON • NHS PAY 2015
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11. Employer Intimidation
Management may circulate letters, documents and create rumours in an attempt to throw doubt
on the legitimacy of the action. Circulate letters of correction, restate official guidelines, tell
members to ignore rumours and to take note only of official UNISON documents.
Management may attempt to isolate, or indeed intimidate certain individuals or small groups
with the view to encouraging strike breaking. There may be threats concerning their careers or
of disciplinary action. Warn all branch members of this type of pressure and advise them they
should in the first instance report this to the Branch officers. A full report should then be made to
the Regional Office. The more members on strike, the less likely this is to happen.
We hope that colleagues from non-striking unions will refrain from undertaking duties which
would normally be done by members of UNISON. Branches should ensure they liaise closely
with other trade unions and organisations on local activity.
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12. Use of Agency Workers
Para 7 of the Conduct of Employment Agencies Regulations 2003 says a "work seeker"
(agency worker) cannot be used to do the job of a worker who is taking part in a strike or other
industrial action". Agencies have a defence of "ignorance" i.e. they didn't know nor had no
reasonable grounds for knowing the worker is on strike. The DTI polices and enforces the
regulations and can fine up to £5,000 or a 10 year ban on operating if the agency is found guilty.
Branches should notify all local agencies who provide agency workers direct so they can't plead
ignorance. If agencies then do supply they should be reported to the DTI.
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13. Use of Employers resources during industrial action
Branches should exercise caution when using employers‟ resources e.g. phones, work cars etc
during industrial action. Checks should be made in terms of what the contract of employment or
union agreement allows. Any queries should be raised with the regional office in the first
instance.
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14. Members and/or representatives who may refuse to take
industrial action
Obviously, we hope for full support of members in any action which is taken. The law is clear
and no member may suffer a disciplinary penalty for not participating in industrial action. If a
representative refuses to support the action or campaigns against the industrial action, the
regional office should be notified. No action should be taken by branches in regards to such
representatives.
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15. Loss of pay
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UNISON • NHS PAY 2015
In the unlikely event that your employer takes such a drastic step you should alert the union
immediately. Employers are required to tell you this in advance of the stoppage. In these
circumstances, the union will provide information about how you should respond, including
advice about whether you should return to work that day.
You need to tell us straight away if your employer says they plan to deduct for the whole day by
alerting their regional organiser.
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16. Hardship
Members should be referred to UNISON Welfare for financial support and advice where it is
evident that industrial action has brought pre-existing financial difficulties to the surface rather
than being the primary cause of hardship. UNISON Welfare may be able to help with:
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Emergency crisis payments and other financial assistance
Debt advice
Support and information
Wellbeing breaks
For advice or information or to find out how UNISON Welfare might be able to help call 020
7121 5620 – 9am-5pm Monday-Friday or email welfare@unison.co.uk. Members struggling with
debt can access immediate advice by calling freephone 0800 389 3302 – 8am-9pm MondayFriday and 9am-3pm Saturdays or visit Debtclinic, the online version of our debt advice service
www.debtclinic.co.uk/unison. Application forms can be downloaded at
www.unison.org.uk/thereforyou
Branches may also want to raise the issue of financial support for the industrial action with other
local trade unions/organisations who may be supportive but who themselves are not taking
industrial action. For the purposes of this dispute only donations made to branches may be
retained for hardship use if the branch has an industrial action fund rather than be passed to the
region as required by the UNISON Scheme.
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Frequently Asked Questions – explaining the NHS pay dispute
(To print just these FAQs select print option and select pages 11 – 15)
Updated January 2015
What is UNISON doing about pay in the NHS and why?
For the first time in the history of the independent pay review body, the government has chosen
to ignore its recommendation of 1% for all staff. This has placed a growing pressure on
industrial relations within the NHS and the perception among the workforce that the
independence of the PRB has been compromised. No other independent pay review body was
ignored, including the one that gave MPs a pay rise of 11%. NHS staff has been singled out.
UNISON has been campaigning since the Government’s decision was made. Members have
participated in two 4 hour strikes and 2 weeks of action short of strike action. This followed two
days of protest, lobbying of MPs, member surveys and lots of other campaigning activities.
At our annual health conference in April 2014, delegates took the decision to ballot our NHS
members for industrial action. Now members have voted for strike action and action short of
strike.
The industrial action ballot, which closed on 18 September, saw 68% of those taking part vote
for strike action and 88% for action short of a strike. Members working in the NHS in England
took strike action and action short of strike action in October and November of 2014. The next
action scheduled for January and February 2015 will increase the period of strike action to 12
hours and then 24 hours. We will continue keeping the focus on making sure members take
their breaks and don’t work for free between the two strike days.
When is the next strike action?
The first strike will be for 12 hours on Thursday 29 January 2015, from 9am – 9pm
(ambulance members will be on strike from 12 noon to 12 midnight). This will be followed by
Action Short of Strike Action (ASOS) in the form of “taking your breaks” and “not working
for free” from Friday 30 January to Tuesday 24 February. Ambulance members will be taking
part in additional ASOS on the same dates.
The ASOS will be followed by a 24-hour strike from midnight on Wednesday 25 February.
What is UNISON asking for?
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to break the planned pay freeze for 2015-16
immediate payment of the 1% recommended by the PRB from April 2014 on all hourly
rates and the Living Wage of £7.65 per hour minimum for the lowest paid staff
for a commitment to cost of living pay increases for the future
All the NHS trade unions have agreed to campaign together to challenge pay and achieve the
following:
UNISON • NHS PAY 2015
1. An end to the planned pay freeze by committing to a cost of living increase for this year
2015/16
2. Full implementation of the NHS pay review body’s recommendations for 2014/15 (i.e. a
1% rise consolidated into the hourly rates of pay of everyone) and to pay the Living
Wage
3. Deliver fair pay in future that:
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provides consistency across the UK
at least keeps pace with the cost of living
guarantees the independence of the NHS pay review body
begins to restore the value of NHS pay lost in the last five years
and enables NHS staff to benefit from the return of economic growth and their efforts
in delivering better productivity in health services
These actions will require current and future governments to provide a sustainable funding
settlement for the NHS that invests in quality services and a quality workforce for the benefit of
patients.
In addition, the health unions are ready to discuss further measures to improve productivity in
the NHS and keep the pay system up to date.
What was the 2014/15 pay offer?
Despite the NHS Pay Review body recommending 1% to all staff, the government announced in
England that only staff at the top of their band would receive a non-consolidated 1% pay uplift
for 2014/15 and 2015/16. Staff who are receiving increments will not get the 1% pay rise. This
means 60% of staff will get no pay rise for the next 2 years.
So, will this change this year, 2015/16?
No. The Secretary of State for health wrote to the NHS Pay Review Body and told them that
they do not need to collect evidence for 2015/16 as the 2014/15 pay offer will be implemented
for a second, consecutive year. This means that, yet again, 60% of staff will not get any cost of
living pay increase and those that do get the 1% rise will not have it consolidated.
What does non-consolidated mean?
Non-consolidated mans it is just a one-off payment. You will only receive the payment until
March 2016 then it will be taken away and your pay will go back to its April 2013 rate.
What happens if I am not at the top of my pay band?
If you are not at the top of the pay band you will not receive the 1% pay uplift and you will only
receive your increment. If you do not meet the performance required to receive your increment
you will not receive your increment or receive the 1% pay uplift.
I am at the top of my pay band why should I care?
The 1% you may have been awarded for last year, (2014/15) and the 1% for this year (2015/16)
are non-consolidated which means they are one off payments which means they are not
pensionable, only added to basic pay so will not be added to High Cost Area Supplements;
overtime or unsocial hours payments. This means that the 2016 pay rates are going to return to
the 2013 pay rates. This is an attack on the pay structure within the NHS. The Government
have made it clear that they want to end incremental progression in the NHS and this could be
seen as part of their effort to make this happen. Check the NHS pay calculator here to see how
much you have lost since 2010 http://paycalculator.unison.org.uk/
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UNISON • NHS PAY 2015
What is the position of the other trade unions?
All the health unions are seeking urgent talks with UK governments to achieve a fair pay deal
for NHS workers. The health unions will campaign jointly to achieve this. This is taking the form
of a programme of ongoing industrial action as well as protest and other campaign activities.
The following health unions are part of the formal industrial dispute:
1. BAOT
2. British Dietetic Association
3. GMB
4. Hospital Consultants and Specialists Association
5. MiP
6. Prison Officers Association
7. Royal College of Midwives
8. Society of Radiographers
9. Union of Construction, Allied Trades and Technicians (UCATT)
10. UNISON
11. UNITE
What is strike action?
Strike action is where staff stop working for a period of time and completely withdraw their
labour. On Thursday 29 January we are asking members to take strike action for 12 hours
between 9am – 9pm. Members in the ambulance service will be taking strike action between 12
noon and 12 midnight. In addition, we will be asking members to take strike action for 24 hours
on Wednesday 25 February.
What happens if I start or finish my shift outside of these hours?
If you are already in work we want you to come out and join the picket line. If you are not in
work until later we would like you to turn up on a picket line and be there to encourage your
colleagues not to go into work.
What is action short of strike action?
Action short of strike (ASOS) can cover a range of activities and can include working strictly to
contractual hours or naming particular tasks which groups of members will not perform during
the action. From Friday 30 January – Tuesday 24 February we are asking that members ensure
that they take their breaks and don’t work voluntary overtime unless either payment or time off
in lieu is agreed in advance.
In addition to the 12 strike on Thursday 29 January, members in the Ambulance Service will be
observing shift start and finish times and vehicle inspections protocols. Ambulance members
will be issued with separate FAQs by their branch.
What do I do to take action short of strike action?
You need to identify what breaks you are entitled to at work and then ensure that you actually
take these breaks. Further to this we are asking members not to work for free. This involves not
working voluntary overtime unless payment or time off in lieu has been agreed. We know that
many NHS workers do not take their breaks and work many hours over their contracted hours
for free but for these six days we are asking that NHS staff in England take the breaks and if
they work overtime they should claim payment or time off in lieu. Please be reassured that you
will not be alone in this. We will be writing to your employer to explain this and UNISON
branches will be putting on events to encourage staff to take breaks and not to work for free.
For more advice please see the Advice for members and branches on taking your breaks and
not working for free section below
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UNISON • NHS PAY 2015
I have had a letter from my employer to say I will be in breach of my contract if I go on
strike. Does this mean I can't take action?
Your employer sending you this letter is just a formality. You are protected from being dismissed
for breach of contract if you are taking part in legal industrial action. UNISON will issue full
guidance in due course. If you are worried the best thing to do is to take the letter you have
been sent to your local UNISON rep.
Do I have to take action?
We would expect that all our members would abide by the majority decision and take part in
industrial action. However, in order to keep patients safe, some members will be asked to work
so that we can provide emergency cover during any industrial action. Members who work under
exemptions as part of emergency cover arrangements are supporting the strike.
Is there any point in industrial action, it won't change anything?
NHS staff have taken industrial action over pay twice in the last 30 years. Both times they were
successful so it isn’t true to say it doesn’t change anything.
Such a high percentage of members voting yes in our ballot gives the government the
opportunity to do the right thing and show that they value NHS staff. If everyone takes action it
keeps the pressure on them to do the right thing. We also expect other NHS unions will be
taking action at the same time. NHS employers were expecting to give staff a 1% pay rise last
year, 2014 – that increase has been budgeted for and could be paid.
Won’t strike action damage patient care?
Our dispute is not with patients so we want to maximise the disruption to services but minimise
the impact on patient care. We will ensure that all steps are taken to keep patients safe during
our action. Our priority is to protect services for patients and protect pay, terms and conditions
for hardworking NHS staff - this action is all about patient care.
Many NHS staff are demoralised and de-motivated. This has a massive impact on the quality of
care that patients receive. Recent high profile reports have identified the importance of good
staff engagement and morale in delivering high quality patient care.
What about emergency cover?
Employers will be seeking emergency cover and exemptions during periods of strike action.
UNISON will be producing national guidance for branches to use in any discussions with
employers.
I have only just joined UNISON will I have to take action?
All UNISON members will be asked to take action.
I am not a UNISON member can I still take part?
If you are a NHS worker you can join UNISON now and take part in the action. We have a
sliding scale of membership rates so it is affordable and many of our low-paid members find
they can save as much as their subs by using the member only discounts.
Are NHS staff who are on a professional register (e.g. NMC or HCPC) allowed to take
action?
The law is clear on this – there is nothing in your professional code which prevents you from
taking lawful industrial action. We would not ask you to take action which puts your registration
at risk.
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UNISON • NHS PAY 2015
I'm not working on the strike day what can I do to support?
There are many ways that you can support the action and campaign. On a strike day you could
join a picket line, your striking colleagues would really appreciate your support. You can also
contact your local UNISON branch to see if there are other ways you can help.
Will I lose money?
During a stoppage your pay may be deducted. Some branches have hardship funds to help
members in difficulty. There for You - UNISON’s charity offers advice and support if you are
already struggling financially. Your branches welfare officer can advise you.
When you participate in action short of strike action you should not lose pay. If your employer
says that you will, you should alert your local UNISON rep or branch; branch officials should
alert their regional organiser.
Will my employer take a whole days’ wages off if I am on strike for only part of my shift
on the next strike days?
If you are on strike for the whole of your shift then your employer will deduct that day’s pay. If
your shift covers only part of the strike time then your employer may try to deduct the whole
day’s pay. Employers are required to tell you this in advance of the stoppage and you should
alert the union immediately. Members should alert their local UNISON rep or branch; branch
officials should alert their regional organiser. In these circumstances, the union will provide
information about how you should respond, including advice about whether you should return to
work that day.
The NHS is facing a mounting financial crisis with more than half of all hospitals now in
deficit and the service likely to end the year almost £1bn in the red. Is it not selfish of the
unions and NHS staff to expect a pay rise in this climate?
The financial problems of the NHS are certainly a cause for major concern. But this should not
be confused with the ongoing campaign for a fair pay rise. The government was able to find the
money for the top down reorganisation of the NHS that, according to its own extremely
conservative estimates, cost at least £1.5bn – academics have suggested this figure may end
up being closer to £3bn.
My question is not answered here how can I get it answered?
Contact your local UNISON workplace rep or your local branch. Alternatively you can phone
UNISON Direct free of charge on 0800 0 857 857.
How can I get more involved in the campaign?
Follow us on twitter @UNISONOurNHS use the hash tag #NHSpay
Like our facebook page www.facebook.com/ournhsourfuture
Tell us your personal story and why you will be taking action. Email your story to our
NHS@unison.co.uk
Write to your MP using our online tool http://www.unison.org.uk/at-work/health-care/keyissues/nhs-pay/support/, or local newspaper saying why you are supporting the campaign.
Talk to your colleagues about the campaign.
Become a workplace contact. Contact your local branch to find out more.
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15
Advice for members and branches on taking your breaks and not
working for free
(To print just this advice select print option and select pages 16 – 17)
When UNISON launched its detailed survey focussing on one day at work in the NHS (March
2012) it revealed a picture of gruelling shifts without breaks, severe shortages of staff and
regular extra time at work without being paid.
Life has not improved since 2012 and to highlight already overstretched services and the
goodwill that you put into the NHS, UNISON is asking you to take four days of action short of
strike action from 30 January to 24 February and to Take Your Breaks and Do Not Work for
Free.
Shift patterns and working days vary across the NHS and within organisations. However, under
the Working Time Regulations every employee is entitled to an uninterrupted break of twenty
minutes when working longer than 6 hours. This needs to be a break in working time and should
not be added to the start or end of the working day. In most workplaces these breaks during the
day are unpaid breaks but in some places they are paid breaks.
Many members routinely start shifts earlier and finish later than their rostered times meaning
that they regularly work extra time UNPAID.
We are asking you to Take your Break and not to undertake extra time at work unless
overtime of lime off in lieu has been agreed in advance with your manager. Obviously there are
occasions when members will be working with patients and to leave them would be risky and
dangerous. In those circumstances ensure that this time is recorded and acknowledged by your
manager and insist that it is paid.
Action for Branches
UNISON branches will be having discussions with your employer on emergency cover
arrangements – part of these discussions needs to include how the employer will be able to
facilitate the taking of breaks for all staff including those working on nights or in the community.
Such discussions will also need now to include our advice to members not to work extra unpaid
time at work.
During the period 30 January to 24 February, UNISON members across the NHS are called
upon to ensure that you take your agreed breaks during your working day:

Ensure that your break is taken during the shift and not added to the beginning or
end of your working day

Ensure that this is a proper uninterrupted break taken away from the workplace

Unless there is an emergency or time critical issue insist on taking your whole break
UNISON • NHS PAY 2015
Where members are denied the opportunity of taking their break (for instance because of
severe staffing shortages AND where to take a break would endanger life, leaving patients
unattended) we advise you to:

Notify your manager that you have been denied your break because of an
emergency or critical care situation and ask when the break will be re-allocated to you

Notify your manager at the end of your shift that you were unable to take your
break because of an emergency or life critical situation and, if this was unpaid (meaning
that you worked through your break and your working time was extended), ask for a note
to be taken of this time so that it can be aggregated and paid for at the end of the
working pay period

Notify your UNISON representative that you have reported this to your manager to
ensure this can be raised centrally with your employer.
This action should also extend to not working extra time free. Where leaving work on time would
endanger life or leave patients unattended then we advise you to:

Notify your manager that you have worked extra time because of an emergency or
critical care situation and ask that the extra time be recorded so that it can be aggregated
and paid for at the end of the working pay period.

Notify your UNISON representative that you have worked extra, unpaid time
because of an emergency or critical care situation to ensure that your UNISON Branch
can raise this centrally with your employer.
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17
Advice for students working in the NHS during the period of
industrial action and action short of strike action
(To print just this advice select print option and select page 18 only)
I am on clinical placement on the 29 January, what should I do?
The organisation where you are on placement, in conjunction with your university, should
ensure that your placements deliver a high quality learning experience. If you are working on
the 27 January, during the strike (9am – 9pm), or 25 February (00:01 – 23.59) we would
recommend that you contact your clinical tutor to obtain local advice.
When my placement is short staffed I am asked to do much more. I am worried that this
might happen during the strike, what should I do?
It is very important to remember at all times that you are a student. While it can seem exciting to
gain new experiences, it is vital that during the strike you do not work beyond your role or
capability. You should not undertake work that would be done by a striking worker. At all times
you must remember that you are a student and not undertake any task that you have not been
trained to do, or that you cannot complete safely. No one should pressurise you do anything you
are not confident in undertaking. If you feel you are being pressurised to do this you should
contact your clinical tutor as soon as possible.
As I am a student, I am supernumerary will this change during the strike?
No. Students remain supernumerary and not counted in staffing numbers for any shift, this is
why it is so important that you act only as a student during the dispute.
Should I cross a picket line?
Picket lines have to be peaceful to comply with the law. Picketing workers will ask you not to
cross the picket line. You should discuss with your clinical tutor ways in which you can avoid
crossing a picket line during the strike period. If you are able to support the striking workers then
please join them on the picket lines.
I am on a day off on the 29 January and 25 February but still want to support my
colleagues, what can I do?
Picket lines will be set up at the majority of hospitals and to become more involved please
contact your local UNISON rep or branch. They will be able to tell you how you can be involved.
Can I join in with the action short of strike action?
Between 30 January and 24 February, UNISON members will be taking their breaks and not
working any extra time unless this will be paid or time off in lieu agreed. Please take your
breaks in the same way and see your local UNISON branches for locally planned activities to
join in.
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Links and Resources
January 2015
UNISON has produced a whole suite of resources which are available to help you organise your
action. These can be found on the resources section of our NHS Pay website
http://www.unison.org.uk/at-work/health-care/key-issues/nhs-pay/resources/
1. NHS strike poster January 2015 http://www.unison.org.uk/catalogue/22925
2. NHS strike leaflet January 2015 http://www.unison.org.uk/catalogue/22926
3. My most important new year's resolution NHS pledge card http://www.unison.org.uk/catalogue/22924
4. NHS strike poster January 2015 – ambulance members http://www.unison.org.uk/catalogue/22936
5. NHS strike leaflet January 2015 – ambulance members http://www.unison.org.uk/catalogue/22935
6. Dave Prentis letter to NHS members January 2015 http://www.unison.org.uk/documents/4254
7. Dave Prentis letter to ambulance members January 2015
https://www.unison.org.uk/upload/sharepoint/On%20line%20Catalogue/22945.pdf
8. MP tea time break invite infographic http://www.unison.org.uk/documents/4155
9. NHS Pay Open Letter to the Public http://www.unison.org.uk/documents/4016
10. Take action for fair pay: NHS industrial action poster
https://www.unison.org.uk/upload/sharepoint/On%20line%20Catalogue/22722.pdf
Other resources are available from our online catalogue under the NHS Pay 2014 and the
Industrial Action sections: http://www.unison.org.uk/for-activists/help-andadvice/communicating/online-catalogue/
We will also be producing graphics that can be shared via social media (Facebook and Twitter)
and as we are planning to send text messages to members reminding them of the dates of the
action, please encourage members to update their details to include a current email address
and mobile number so we can keep them updated about the campaign.
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Appendix A
(To print just these guidelines select print option and select page 20- 22)
GUIDELINES ON PICKETING
Picketing is carried out in furtherance of official industrial action. It is defined as talking to people
seeking to enter a workplace in order to encourage others workers not to go in. There is no
legal “right to picket” as such but peaceful picketing has long been recognised as a lawful
activity. Branches should ensure effective pickets, in line with these guidelines, at each main
workplace – at least until mid-day on any strike day.
Every branch should ensure that there is a lead contact for every employer covered by the
dispute and that the branch centrally and the regional office have contact details for all these
lead contacts.
NUMBER OF PICKETS
The Government‟s Code of Practice on Picketing says “pickets and their organisers should
ensure that in general terms the number of pickets does not exceed six at any entrance to a
workplace; frequently a smaller number will be appropriate.” This figure is only advisory but it is
likely that the courts will give effect to it. Branches should discuss picketing plans with other
unions who will be taking industrial action on the day.
Other local unions and organisations may be supportive but not taking industrial action. Whilst
not picketing they may be organising other local protests and rallies and early joint liaison
should be arranged.
POLICE
It is advisable to notify the police in order to establish good relations in the event of problems
arising on the picket lines. It may be best that you speak to your local Borough Police Division
telling them where you intend to picket and asking what further information they need.
Pickets should co-operate with the police in any requests they make to keep the streets free
from obstruction, etc. Attempts should be made to persuade the police to permit lorries and cars
to be stopped for a brief time, to enable information to be communicated.
Any agreed arrangements with police, for example, relating to the position of where the pickets
should stand or parade, and to behaviour, showing of placards, use of loud speakers
(particularly if there are private houses nearby) should be scrupulously adhered to.
Any planned protests on employer property should be discussed with the employer in advance.
Should any member be arrested this should be reported to the Regional Office as soon as
possible in order that any necessary representations or complaints can be made to the police.
Witnesses to an arrest should make a note of the following details:
i.
ii.
Date and time
The number of police officers involved
UNISON • NHS PAY 2015
iii.
iv.
v.
The name of the member arrested
Any expressed reasons for the arrest
Any words exchanged between the police officer and the person arrested.
PLACE OF PICKETING
Picketing is only lawful if it is carried out by a person attending at or near her/his own place of
work. That is the workplace you report to on a daily basis. In the case of members who are
mobile or do not report to a fixed workplace then the administrative centre is deemed to be your
place of work.
ORGANISATION OF PICKET
It is important that picketing is organised and that premises are not left unattended. A rota
should be drawn up to co-ordinate the action.
The picket rota must include only members who are taking industrial action and it is advisable
that the picket line is balanced between experienced and inexperienced members.
A picket register should be kept which is a record of attendance on picket duty.
Picket duty should begin not less than an hour before normal working hours and should aim to
cover at least the first half of the working day. Account should be taken of work places where
there is shift work.
Each picket line should appoint an organiser, whose function is to:




Ensure that pickets are wearing armbands
Ensure that there is an official placard of display
Liaise with branch officers/coordinators
Liaise with the police if required.
You may wish to organise in advance food and drink supplies by possibly setting up an order
with a local café or bringing your own refreshments.
IDENTIFICATION
Pickets should wear a UNISON picket armband indicating they are on duty. Placards and
posters should be displayed stating OFFICIAL STRIKE.
PICKETING
Any member, work colleague, or member of the public who approaches the picket line should
be spoken to, given a leaflet and the reason for the strike explained to them in a polite and
courteous manner.
Those workers who wish to cross the picket line should be asked not to undertake any other
duties or responsibilities other than their own.
The picket does not have the power under the law to require people to stop or to compel them
to listen or to make them do what the pickets ask them to do. A person who decides to cross a
picket line must be allowed to do so.
It is an offence to use threatening, abusive or insulting words or behaviour or display any
insulting leaflets or posters or other material.
Always take the opportunity to talk to members of the general public and explain the reasons for
the industrial action. You can give them the UNISON leaflet designed for that purpose.
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UNISON • NHS PAY 2015
UNISON members who have not been balloted for strike action are not taking part in the strike.
Pickets should not try to persuade them to abstain from work.
PERMITTED SECONDARY PICKETING
The only forms of permitted “secondary” action is where workers are picketing at or near their
place of work and persuade other workers, not employed there, not to deliver goods or to enter
the work premises, i.e. post, milk, stationery supplies, etc.
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22