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. These roles should be paid at the right band for the job, and you should be compensated for the work you’ve already been doing at band 3.
Who can strike?
Any Band 2 Healthcare Assistant/Clinical Support Worker as at 31 December 2023, undertaking band 3 tasks and who is a UNISON member working for North Tees and Hartlepool NHS Foundation Trust can take strike action.
Can I strike if I joined UNISON recently or didn’t cast my vote in the ballot?
Yes, if you fall into the above categories.
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 strike with your colleagues, 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).
What if I am a Band 2 but have received a letter informing me I will be soon be uplifted to Band 3 or have already been uplifted to Band 3?
You will still be able to take strike action.
This dispute is about banding and back-pay to recognise the years that you’ve been undertaking duties above your band. As it stands, the Trust have not made an acceptable offer of back-pay.
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?
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?
Speak to your branch 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?
The first day of action takes place from 0700 hrs on Monday 11 March 2024 to 0659 hrs on Tuesday 12 March 2024. 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.
Will I get paid for the days I am on strike?
Your employer is not obliged to pay you if you go on strike.
A day of strike is classed as unauthorised absence and therefore you will not be paid by your employer. However, you will be able to claim up to £50 per working day in strike pay from UNISON, which is funded nationally. Strike pay cannot exceed normal take-home pay.
We are working to organise an additional hardship fund for those members in exceptional circumstances. More information will be released on this at a later date.
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.
Can my employer or manager ask me of my intention to strike?
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.
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. Please note however that as these shifts are not from the Trust, you will not be eligible for strike pay.
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 day of action there will be pickets at:
- North Tees – Hardwick Road Entrance
- Hartlepool – Holdforth Road Entrance
More details on picket arrangements will be provided ahead of the day of action.
Who can join a picket line?
UNISON members covered by the ballot and action notice can join a picket line at their place of work. Non-union staff can sign up and join the UNISON to take part in the action as long as they would have been eligible to vote in the ballot and covered by the action notice.
Strike Pay and hardship
How do members receive or apply for the £50 strike pay?
All 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, unless your normal take home pay is reduced by less than this. You will need to provide your details to your UNISON branch, including bank details and confirmation of participation in the strike (evidenced by your payslip).
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 please speak to your branch. 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. These hardship claims will be dealt with confidentially, and you should speak to your UNISON branch for further information.
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
- Contact your local branch to find out more
I have a question not covered here – how do I get an answer?
Please contact your branch.