2015 junior doctors contract dispute in England

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A junior doctors contract dispute in England led to industrial action being taken in 2015 and 2016. A negotiation between NHS Employers and the main UK doctor's union, the British Medical Association (BMA), had been overshadowed by the Secretary of State for Health, Jeremy Hunt, threatening to impose certain aspects. The BMA balloted members in November 2015 and industrial action was scheduled for the following month. The initial action was suspended, although further talks broke down. Junior doctors took part in a general strike across the NHS in England on 12 January 2016, the first such industrial action in 40 years. Junior doctors again withdrew their labour for routine care on 10 February. On 26 April 2016, junior doctors withdrew from emergency and routine care, the first time this had happened.

Contents

Junior doctors support badges Junior doctors support badges.jpg
Junior doctors support badges

Proposed new contracts

Since 2012 NHS Employers and the BMA had been in negotiation towards a new contract for junior doctors. These talks ran into serious problems when the BMA rejected the proposals from the Secretary of State for Health, Jeremy Hunt, who wanted the contracts to reflect commitments made in the Conservative 2015 election manifesto upon junior doctors in England. [1] In September 2015, Hunt proposed new contracts for junior doctors which would scrap overtime rates for work between 7am and 10pm on every day except Sunday while increasing their basic pay. Hunt claimed that this would be cost neutral, but the union responded by saying that NHS Employers had been unable to support this claim with robust data. [2] [3] The union argued that the contract would include an increase in working hours with a relative pay cut of up to 40%, [4] [5] [6] and refused to re-enter negotiations unless Hunt dropped his threat to impose a new contract and extensive preconditions, [7] which he had refused to do. The Department of Health responded, saying "We are not cutting the pay bill for junior doctors and want to see their basic pay go up just as average earnings are maintained." [8]

On 26 September the BMA announced that it would ballot its members. [8] By October, a survey showed many junior doctors would consider leaving the NHS if the contract was forced through. [9] Hunt later tried to re-assure the union that no junior doctor would face a pay cut, before admitting those who worked longer than 56 hours a week would face a fall in pay. [10] [11] [12] He said that working these long hours was unsafe, claiming that existing pay arrangements were known colloquially in the NHS as "danger money", although a Facebook survey carried out by one doctor showed that 99.7% of 1,200 respondents had never heard of the term. [10] [13]

On 3 November 2015 Hunt said he would offer a basic pay increase of 11%, but still removing compensation for longer hours. [14] [15] [16] In response, the BMA junior doctors committee chair, Johann Malawana, said: "Junior doctors need facts, not piecemeal announcements and we need to see the full detail of this latest, eleventh hour offer to understand what, in reality, it will mean for junior doctors. We have repeatedly asked for such detail in writing from the Secretary of State, but find, instead, that this has been released to media without sharing it with junior doctors' representatives" [17] and "The proposals on pay, not for the first time, appear to be misleading. The increase in basic pay would be offset by changes to pay for unsocial hours, devaluing the vital work junior doctors do at evenings and weekends." [18]

Balloting of BMA members

On 5 November 2015, the BMA began its ballot of over 37,700 of their members in response to Hunt's contract proposals. [19] On 19 November 2015 the result of the strike ballot was announced, with more than 99% in favour of industrial action short of a strike, and 98% voting for full strike action. 76% of eligible doctors voted with 99.6% of doctors voting for action short of strike and 98% voting for all out strike. [20] After five days of talks between the government and BMA, conciliation service Acas confirmed that agreement had been reached to suspend the strike action that had been planned for December. [21]

First period of arbitration

The BMA council chair, Mark Porter appealed to the health secretary to resume negotiations. [22] [23] Hunt said the strike was "very disappointing", but declined the appeal for arbitration at this time. [24] He was criticized for failing to answer MPs' questions about the strike, with his deputy claiming he was too busy preparing for the strike. [25]

He was also criticised by statisticians Prof David Spiegelhalter and David Craven, by Dr Mark Porter, by an NHS England spokesperson, and by Heidi Alexander, the shadow health secretary, for, again, making misleading statements about weekend hospital treatment. The Department of Health confirmed his 10% figure actually related to the entire week, even though Hunt specifically said it was for weekend-admitted patients only. [26]

Hunt eventually agreed to discussions overseen by Acas and withdrew his threat to impose a new contract without agreement, and the first day of strike action was called off hours before it was due to start (too late to avoid some disruption), with later days suspended. [27] [28] [29]

Appeal for further arbitration

On 24 December 2015, Johann Malawana gave a 4 January deadline for the talks to result an acceptable outcome, or industrial action would be announced. [30] An agreement was not reached by this deadline and so the union announced that a strike would go ahead, blaming "the government's continued failure to address junior doctors' concerns about the need for robust contractual safeguards on safe working, and proper recognition for those working unsocial hours". [31] [32] On 8 January, it was revealed that a supposedly independent response to the initial strike plans from Sir Bruce Keogh, Medical Director of NHS England, had been strengthened by Department of Health officials and approved by Hunt. [33] [34] Subsequently, more than 1,000 doctors called on Keogh to resign complaining that Hunt had exploited him for political gain. [35]

Strikes

Support for the junior doctors dispute from a GP surgery Support for junior doctors.jpg
Support for the junior doctors dispute from a GP surgery

On 12 January 2016, Junior Doctors in England took part in the first general strike across the NHS, the first such industrial action in 40 years. Emergency care was still provided. [36] Hunt claimed it was "unnecessary", that patients could be put at risk, and that many junior doctors had "ignored" the strike call and worked anyway, but the BMA responded that many junior doctors were in work maintaining emergency care as planned. [37] [38] There were claims that Bruce Keogh, had used performance target levels to justify and encourage NHS trusts to declare an emergency situation, forcing Junior Doctors to work despite the strike, a move which the BMA condemned. [39]

Junior doctors again withdrew their labour for routine care on 10 February 2016, leading to the cancellation of around 3,000 elective operations. [40] On 26 April 2016, junior doctors in England embarked on the first strike where they withdrew routine and emergency cover. [41]

In July 2016 the BMA balloted their members, who voted 58% to 42% against the deal. Johann Malawana resigned from the position of chair of the JDC on 5 July 2016. [42]

Compared with the weeks preceding and following the strikes, there were 9.1% (31,651) fewer hospital admissions, 6.8% (23,895) fewer A&E attendances, and 6% (173,462) fewer outpatient appointments than expected. Altogether during the strikes hospitals cancelled 294,844 outpatient appointments. There was no significant effect on the number of recorded deaths. [43]

See also

Related Research Articles

The British Medical Association (BMA) is a registered trade union for doctors in the United Kingdom. The association does not regulate or certify doctors, a responsibility which lies with the General Medical Council. The association's headquarters are in Tavistock Square, London and it has national offices in Cardiff, Belfast, and Edinburgh, a European office in Brussels and a number of offices in English regions. The BMA has a range of representative and scientific committees and is recognised by National Health Service (NHS) employers alongside the Hospital Consultants and Specialists Association as one of two national contract negotiators for doctors.

<span class="mw-page-title-main">Hospital Consultants and Specialists Association</span> British trade union

HCSA - the hospital doctors' union is a nationally recognised professional association and trade union in the UK dedicated solely to hospital consultants, specialty doctors and core/specialty hospital doctors in training and Foundation grades, originally established in 1948 as the Regional Hospital Consultants and Specialists Association.

In the United Kingdom, junior doctors are qualified medical practitioners working whilst engaged in postgraduate training. The period of being a junior doctor starts when they qualify as a medical practitioner following graduation with a Bachelor of Medicine, Bachelor of Surgery degree and start the UK Foundation Programme, it culminates in a post as a consultant, a general practitioner (GP), or some other non-training post, such as a specialty doctor or associate specialist post.

<span class="mw-page-title-main">Jeremy Hunt</span> British politician

Jeremy Richard Streynsham Hunt is a British politician serving as Chancellor of the Exchequer since 2022. He previously served in the Cabinet as Secretary of State for Culture, Olympics, Media and Sport from 2010 to 2012, Secretary of State for Health and Social Care from 2012 to 2018 and Foreign Secretary from 2018 to 2019. A member of the Conservative Party, he has been Member of Parliament (MP) for South West Surrey since 2005.

General medical services (GMS) is the range of healthcare that is provided by general practitioners as part of the National Health Service in the United Kingdom. The NHS specifies what GPs, as independent contractors, are expected to do and provides funding for this work through arrangements known as the General Medical Services Contract. Today, the GMS contract is a UK-wide arrangement with minor differences negotiated by each of the four UK health departments. In 2013 60% of practices had a GMS contract as their principle contract. The contract has sub-sections and not all are compulsory. The other forms of contract are the Personal Medical Services or Alternative Provider Medical Services contracts. They are designed to encourage practices to offer services over and above the standard contract. Alternative Provider Medical Services contracts, unlike the other contracts, can be awarded to anyone, not just GPs, don't specify standard essential services, and are time limited. A new contract is issued each year.

<span class="mw-page-title-main">National Health Service (England)</span> Publicly-funded healthcare system in England

The National Health Service (NHS) (GC) is the publicly funded healthcare system in England, and one of the four National Health Service systems in the United Kingdom. It is the second largest single-payer healthcare system in the world after the Brazilian Sistema Único de Saúde. Primarily funded by the government from general taxation, and overseen by the Department of Health and Social Care, the NHS provides healthcare to all legal English residents and residents from other regions of the UK, with most services free at the point of use for most people. The NHS also conducts research through the National Institute for Health and Care Research (NIHR).

<span class="mw-page-title-main">National Health Service</span> Publicly-funded healthcare systems in the United Kingdom

The National Health Service (NHS) is the conglomerate name for the publicly funded healthcare systems of the United Kingdom, comprising NHS England, NHS Scotland and NHS Wales. Health and Social Care in Northern Ireland was created separately and is often locally referred to as "the NHS". The original three systems were established in 1948 as part of major social reforms following the Second World War. The founding principles were that services should be comprehensive, universal and free at the point of delivery—a health service based on clinical need, not ability to pay. Each service provides a comprehensive range of health services, provided without charge for people ordinarily resident in the United Kingdom apart from dental treatment and optical care. In England, NHS patients have to pay prescription charges; some, such as those aged over 60, or those on certain state benefits, are exempt.

<span class="mw-page-title-main">Dan Poulter</span> British politician

Daniel Leonard James Poulter is a British Conservative Party politician, who was elected at the 2010 general election as the Member of Parliament (MP) for Central Suffolk and North Ipswich. Poulter is a psychiatrist and served as a Parliamentary Under-Secretary of State in the Department of Health between September 2012 and May 2015 when he returned to the backbenches.

<span class="mw-page-title-main">National Health Action Party</span> Political party in the UK

The National Health Action Party (NHA) is a political party in the United Kingdom.

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Marie-Louise Irvine is a Scottish general practitioner, health campaigner, and parliamentary candidate. She unsuccessfully stood for election in the 2015 General election and the 2017 General election for the National Health Action Party in the constituency of South West Surrey. She came second to Jeremy Hunt in the 2017 election; reducing his majority.

<span class="mw-page-title-main">Johann Malawana</span>

Johann Niranjan Lyle Malawana is a British entrepreneur and former obstetrics doctor. Malawana was the Chair of the British Medical Association's Junior Doctors Committee from September 2015 to July 2016. His tenure included the 2015 junior doctors contract dispute in England where he was the lead negotiator on the new contract. Malawana founded technology company Medics.Academy and The Healthcare Leadership Academy in 2016.

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<span class="mw-page-title-main">Jeremy Hunt's tenure as Health Secretary</span> UK Government appointment from 2012 to 2018

Jeremy Hunt served as Secretary of State for Health, later Secretary of State for Health and Social Care, from 2012 to 2018. Appointed by David Cameron, Hunt served in the Cameron–Clegg coalition and Cameron majority government. He was reappointed by Theresa May and served in the majority and minority May governments. In January 2018, Hunt gained additional responsibility for social care in England and, in June, became the longest-serving Health Secretary in British political history. He left the role when he was promoted to Secretary of State for Foreign and Commonwealth Affairs after the resignation of Boris Johnson, and was succeeded by Matt Hancock.

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