NHS Employers issues guidance on managing industrial disputes

The NHS Employers organisation has produced guidance on managing industrial disputes in the NHS in a bid to help employers deal with the legal, practical and operational risks involved.

“Early engagement with local staff side partners and honest, open discussions are a key to successfully resolving disputes before they escalate,” NHS Employers said. “Unfortunately there are occasions where partnership working can break down and industrial action can follow."

The guidance, drawn up with the assistance of law firm Beachcroft, added: “The purpose of industrial action is to put pressure on employers, with a view to resolving a dispute.

“The key issue for employers in the NHS will be to ensure that any consequent disruption does not jeopardize patient welfare or safety. There are a number of ways in which NHS bodies should prepare for industrial action, to minimise that risk.”

The document, Managing industrial disputes: guidance for employers in the NHS, covers:

• Advice on the preparation of an options analysis in response to the threat of industrial action
• Negotiating a protocol with the principal unions, setting out the approach that the employer and the unions will take in the event of industrial action
• Contingency planning to minimise the disruptive effect of industrial action.

The appendices include an introduction to industrial action, covering the legal status of both industrial action and picketing, an outline of the steps that must be followed before lawful industrial action can be called by a union, and answers to frequently asked questions on legal and practical issues.

The guidance is intended to be “an easily accessible source of basic information”. However, NHS Employers warned that this was a complex legal area and that in individual cases trusts should consult their legal advisers on the detailed local situation.

NHS Employers has also provided a suggested template for policy statements on pay and related issues. “It is important that during a balloting period, individuals understand the consequences for them of deciding to take part in any form of industrial action,” it said.