- Minimum service levels (MSLs) could be extended to protect
patient safety during strikes
- Nurses and doctors could be covered by new regulations
- Comes as government once again urges BMA to call off strike
action as doctors receive their pay rise this month, back dated
to April
The government is considering introducing minimum service level
(MSL) regulations that would require some doctors and nurses to
work during strikes, in order to protect patient safety, the
Health and Social Care Secretary has announced today (Tuesday 19
September).
The consultation, launched today, considers introducing MSLs that
would cover urgent, emergency and time-critical hospital-based
health services – which could cover hospital staff including
nurses and doctors - and seeks views on a set of principles for
setting MSLs in regulations. It will also seek evidence to inform
decisions on the expansion and scope of MSLs. This follows the
consultation earlier this year on introducing minimum service
levels in ambulance services and brings the UK in line with
countries like France and Italy whose services continue in times
of industrial action.
The consultation comes in a week where both consultants and
junior doctors are taking strike action having significant impact
on patients, NHS colleagues and efforts to cut waiting lists –
including through almost 900,000 rescheduled appointments or
procedures. Whilst voluntary agreements between employers and
trade unions can be agreed ahead of time, they can lead to
inconsistency across the country, come with significant
uncertainty as they are based on goodwill and are not always
honoured or communicated in sufficient time. This creates an
unnecessary risk to patient safety.
MSLs will provide a better balance between supporting the ability
of workers to strike with the safety of the public, who expect
vital services to be there when they need them. They will ensure
that essential and time-critical care can continue during periods
of strike action, for those who need care the most. The
government could introduce MSLs in key hospital-based services
next year.
Health and Social Care Secretary said:
“This week’s coordinated and calculated strike action will create
further disruption and misery for patients and NHS colleagues.
“My top priority is to protect patients and these regulations
would provide a safety net for trusts and an assurance to the
public that vital health services will be there when they need
them.
“Doctors who started their hospital training this year are
receiving a 10.3% pay increase, with the average junior doctor
getting 8.8% and consultants are receiving a 6% pay rise
alongside generous reforms to their pensions, which was the BMA’s
number one ask.
“In the face of ongoing and escalating strike action, we will
continue to take steps to protect patient safety and ensure the
health service has the staff it needs to operate safely and
effectively.”
More widely, the government continues to recognise the crucial
role of NHS staff and remains committed to working constructively
to end disruption for patients.
Around 150,000 NHS doctors in England, including doctors in
training and consultants, start to receive their pay rise this
month, backdated to April 2023. Accepting the recommendations of
the independent pay review bodies in full means first year
doctors in training will receive a 10.3% pay increase, with
doctors in training getting an average 8.8% increase. Consultants
will receive 6% following an increase of 4.5% last financial
year, alongside of the most generous pension schemes in the
country which allow them to accrue pension pots worth over
£1million tax-free.
More than one million NHS staff in England, including nurses,
paramedics and 999 call handlers, have already received a pay
rise. This means a newly qualified nurse has seen their salary go
up by more than £2,750 over 2 years and staff also received a
one-off ‘NHS backlog bonus’ worth at least £1,250.
The Health and Social Care Secretary has been clear his door is
always open to discuss how to improve the working lives of NHS
staff and non-pay issues and ministers continue to engage with
staff and talk about their concerns through round tables
discussions with a range of NHS professions.
ENDS
Notes to editors
- DHSC ran a public consultation on Minimum service levels in
event of strike action: ambulance services from 9 February 2023
to 9 May 2023. It will publish its response in due course.
- Over a million NHS staff are already benefitting from the
government’s fair and reasonable offer of a 5% pay rise for
2023-24, alongside two significant one-off payments totalling at
least £1,655.