County Durham and Darlington HCA strike FAQ

First round of strike action is for 48 hours between Monday 15 September at 07:30 am until Wednesday 17 September 07:29 am.

What does ‘going on strike’ mean? 

It means withdrawing your labour. It is a legal and legitimate action where the members of the unions balloted have voted in favour of strike action and reached relevant legal thresholds.

Why are we striking?

Over the years the role of band 2 healthcare assistants and healthcare support staff has evolved and expanded to take on more responsibilities, but without the pay and recognition to match.

Healthcare assistants across County Durham and Darlington NHS Foundation Trust have rejected the awarded back-pay and the trust is not willing to improve it.

Who can strike?

Any Band 2 Healthcare Assistant, Clinical Support Worker and Maternity Care Assistant undertaking that was re-banded from band 2 to band 3 in February 2024 and has continued in that role.

I’m a bank only worker and do not have a contract, can I strike?

Unfortunately not, as you do not have a contract, you can still support the campaign and your colleagues by not picking up any new bank shifts on the strike days or cover the work of striking staff.

Can I strike if I joined UNISON recently or didn’t cast my vote in the ballot?

Yes, if you fall into the above band 2 to band 3 re-banding categories.

Can my employer or manager ask me of my intention to strike?

Yes, as part of any contingency planning it is likely that managers However, there is no legal obligation to inform your manager and you can change your mind. We would expect managers to approach these conversations sensitively and not threaten staff or pressure them into a decision.

Can I strike if I’m not a UNISON member?

If you join UNISON anytime from now to the day of strike action you will be able to take advantage of stike pay (see below) and the protectons that come with UNISON membership, providing you fall into the above job roles. If you are not within those roles you can show solidarity and support to colleagues in other ways (see below).

Can staff on their probation period take industrial action? 

Yes – members who are on their probation period, employed by the NHS and covered by the ballot mandate are able to take part in the industrial action.

What if am on sick leave?

Members who are on sick leave are strongly advised not to attend the picket. Workers who are absent on sick leave when industrial action takes place 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.

What if I am shortly due to retire or begin maternity leave?

Contact us on n.region@unison.co.uk about an exemption from taking industrial action.

Pregnant workers are not asked to take part in strikes if it puts them at a disadvantage. UNISON exempts pregnant members from taking strike action for example where their maternity pay would be affected.

What if I am booked on a training course, what do I do on strike days?

Your employer may cancel any training courses which coincide with strike days. If this is the case, follow the advice above.

Attending a training course is still classed as work so if you are due to attend a training course on a strike day, you are encouraged to join the picket line instead. 

Do I have to take strike action?

The choice whether to strike is an individual one. However, we would expect that all our impacted members would abide by the majority decision and take part in industrial action.

In order to keep patients safe, some members may be asked to work so that we can provide emergency cover during any industrial action. Members who work under exemptions as part of ‘life and limb’ arrangements are supporting the strike. 

When do I join the picket line and who can join it?

Please check your emails or speak to a ward leader for picket information. We are encouraging everyone who is eligible to take strike action meets the rest of their colleagues on the picket line. For periods of your shifts not covered by the strike you should work as normal.

Staff on their day off can come and join the picket line as soon as it starts to support their striking colleagues. Any friends, family members and other staff on their day off can join the picket line – the more the stronger!

Can I wear my uniform on the picket line?

As the picket will be located off Trust property on public land, please check your employer’s uniform policy on an rules around the wearing of uniform.

Anyone joining the picket line should wear weather appropriate clothing and footwear. 

I already have annual leave booked for those dates – should I cancel my leave?

If you have leave booked there is no expectation that you cancel it, the main thing is that you don’t work on those days. Some members have said that they do wish to cancel their leave and ensure it is registered as a strike day instead (or to come and join the picket line instead).

Part of my working hours on strike day falls either before or after the notified strike times. Am I obliged to work either the hours before or the hours afterwards?

Yes, you are required to work any hours of your shift on a strike day that falls either before or after the notified strike times. If you don’t work those hours, it would be treated as unofficial industrial action. If an individual wishes to discuss alternative options for how those worked hours will be treated (for example, such as agreeing time off in lieu of the time rather than received salary), this will need to be agreed with their line manager prior to strike action.

Won’t strike action damage patient care?

The dispute is with your employer, not with patients. 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.

Should I undertake bank shifts during periods of industrial action?

In support of the industrial action we would encourage members not to take on bank shifts as HCAs on strike days.

If I take industrial action, can this be used against me by my employer in the future? 

Taking part in lawful industrial action means you are protected from dismissal for taking part in the industrial action for 12 weeks. If you feel you have been subjected to victimisation because of your participation in industrial action, you should raise this with your union rep.

Picket Lines

Where will there be picket lines during any strike action? 

On the days of action there will be pickets at University Hospital of North Durham and Darlington Memorial Hospital in the mornings.

More details on picket arrangements will be provided ahead of the day of action via email and ward leaders.

What do I do when the pickets are finished?

The picket lines will only take place during the specified times, usually just the mornings. The strike is for the entire period. Once the pickets are over you are free to go home.

Who can join a picket line?

Staff covered by the ballot and action notice can join a picket line at their place of work. Non strikers can attend to support but only when they are not at work such as their day off or on their break.

Strike pay and hardship

How do members receive or apply for the £50 strike pay?

All UNISON members who take lawful Industrial Action (and lose pay) on the declared strike day will be eligible to receive strike pay from UNISON.

This will be £50 per day, unless your normal take home pay is reduced by less than this.  You will need to provide your details, including bank details to send you the money and confirmation of participation in the strike (evidenced by your payslip). More info will be circulated after the strike.

I want to strike but I am already struggling financially, I don’t think I can afford to strike. Is there any help from UNISON?

We know it’s a tough time for people to take strike action and lose pay. We don’t want our members in hardship so all members who have pay deducted will be eligible to receive strike pay up to £50 (see above). In certain circumstances you could be exempted from taking action or receive a further hardship payment from your branch on a case by case basis. These hardship claims will be dealt with confidentially, and you can be claimed at the same time as the £50. More details of the application process will be circulated after the strike.

Supporting the strike

I’m not working on the strike day, what can I do to show support?

There are many ways that you can support the action and campaign. On a strike day you could visit a picket line, maybe take your colleagues some refreshments – your striking colleagues would really appreciate your support.

I’m not part of the dispute, what can I do to show support?

You can show support in many ways:

  • Follow us on X (formerly Twitter) and post solidarity messages using the hash tag #PayFairforPatientCare
  • Talk to your colleagues about the campaign
  • Become a workplace contact

I have a question not covered here – how do I get an answer?

Speak to a ward leader or email n.region@unison.co.uk.