When are BDA members in Northern Ireland due to strike?
Thursday 18 January 2024 is the date currently designated for strike action. The strike will begin at 12.01am. If an acceptable resolution is found before this, the strike will be called off.
Why are BDA members striking?
Members and other HSCNI workers are demanding they receive their long overdue public sector pay rise for 2023/2024 and a non-consolidated payment for 2022/2023, which they’ve been waiting to receive, as promised by the UK Government. This hasn’t been possible due to the lack of a functioning executive and assembly.
Following a consultation and a successful strike ballot BDA members voted overwhelmingly in favour of formal industrial action. This result demonstrates dietitian and dietetic support workforce strength of feeling on the issue.
What does industrial action mean for me?
Industrial action is the act of workers collectively and democratically taking a stand to show opposition to a policy that is detrimental to their working lives. This is usually in the form of a strike.
What does strike action entail?
In order to take strike action union members must go through a stringent legal process of balloting. If a majority of those balloted vote in favour (and certain thresholds are met) the union members will be able to go out on strike. Going on strike involves refusing to work on the designated day and forfeiting pay. Strikers will be encouraged to attend picket lines outside their place of work and demonstrations elsewhere (often with other striking workers) to highlight that they are not working that day in protest.
What happens to patients when healthcare workers go on strike?
There will be critical care coverage during all strike action. This is arranged between unions and the respective employers ensuring that care is present for those in urgent need.
Which Trusts were balloted?
BDA members in all five Trusts representing Health and Social Care in Northern Ireland were balloted for industrial action.
If I voted yes to strike action do I need to be on a picket line?
We keenly encourage members who have voted to take strike action to join the picket line as it's an important way to raise awareness of what BDA members are doing. However attending the picket line is not mandatory.
Can BDA members take strike action if they didn’t vote?
Yes, if they a BDA member employed by the trust on AfC terms and conditions they can be called out on strike.
Does the strike apply to all members including support workers, managers etc?
Yes, all members are covered by the action whatever grade and whether they work ful or part-time
Can dietitians who are not members of the BDA take strike action?
The BDA can only call its own members out on strike but non-members taking action have the same protection from dismissal as members as long as there has been a lawful ballot
If I only work on a bank contract cand I take part in the action?
The BDA is not calling you out on strike if this is your only contract and you do not have a direct contract with the trust. We would ask you not to cover for staff who are striking though as a show of solidarity.
Can I participate in the strike if I am on secondment?
As long as you are seconded to one of the five NHSC trusts then you can take part as we balloted members across all of them
What if I am off sick on the day of the strike?
If you are off sick prior to and on the day of action, you retain your right to statutory sick pay during the strike action. If you report sick on the day, your employer may make a judgement as to whether you are off sick or on strike. For the purpose of future sick pay and annual leave after the strike, average earning figures would reflect the loss of earnings for the day of action.
Employers may also tighten the rules in absence reporting and require a fit note from day 1 of absence for any absence that commences on a strike day. Please refer to your local policies for further information.
You should only report sick for work on a strike day if you are genuinely sick. Sick leave should not be used to secure pay for industrial action. If you attend picket lines or demonstrations after reporting sick for work, your employer may deduce that you were not genuinely sick and were instead on strike.
Will I be expected to join a picket line if I am striking?
A picket line may be organised at your trust to raise awareness of our day of action. Where a picket line is organised, please do come along
Picket lines will not be organised in every single workplace. Although we understand that many members may want to take part in a picket line, it is simply not possible for the BDA organise a picket line in every single workplace. The purpose of a picket line is to raise awareness of the action and communicate information and there are many other ways that members can take part in this including simply distributing information on social media.
Can I be asked to cover for a striking colleague?
It is your choice whether to take part in the strike action along with other BDA members and if you decide not to then you can only be asked to provide cover on a voluntary basis and should only do work which is within your normal duties which should not be bank or overtime.
We appreciate that members may feel unable to join the strike but we would urge people to consider the sacrifice that will be made by colleagues and that a successful outcome will benefit everyone.
Can I be dismissed or face any other action from my employer as a result of taking part in lawful strike action?
It is understandable to be concerned about this but please be assured that the BDA will support members who take part in lawful action.
The law protects you from dismissal as a result of taking lawful action when:
- The dismissal is with in 12 weeks of the action starting
- If it is after 12 weeks but the employee ceased the action with in the 12 week period
- The employer failed to take reasonable steps to resolve the dispute.
Will I be paid if I take part in strike action?
No. An employer is entitled to withhold pay for strike action. For each hour of strike action an hour's pay will be withheld
Is there any effect on my pension?
Absence on a day of strike action will not count towards pensionable service. There will be a very small reduction in the amount paid into your pension. If you are still in the final-salary scheme and this is one of the years being counted towards your final pension, then there will be a small reduction. If you are in the Career Average Revalued Earnings (Care) pension scheme, then there will be a small reduction for that year.
Is there an effect on my continuous service?
Although a strike is technically a breach of contract of employment, it does not break continuous service if the worker returns to work after the strike ends. However, days of strike action do not count towards any relevant qualifying periods, such as the 26-week qualifying period for maternity pay.