Pay Fair for Patient Care: Nottingham University Hospitals

Hundreds of healthcare support workers at Nottingham University Hospitals NHS Trust (NUH) will take strike action over pay.

Staff at Queen’s Medical Centre and City Hospital are set to walk out on Thursday 10 and Friday 11, with further strikes planned for 17, 22 and 28 April*. In a recent ballot, 94% of those who voted backed strike action.

For years, NUH have underpaid healthcare assistants, maternity support workers, theatre support workers, emergency department assistants, and clinical support workers.

While working on Band 2 of the NHS pay scale providing personal care (such as feeding and bathing patients, helping patient get dressed and use the toilet, and preparing patients for procedures), these workers were also performing Band 3 clinical duties (such as, monitoring heart rate and blood pressure, taking blood, inserting and removing cannulas).

While NUH have agreed to regrade these workers to Band 3, they have failed to provide them with a fair and equitable backpay settlement for the extra responsibilities they took on.

Other Trusts in the East Midlands, as well as Trusts across the country, have agreed to pay 6 years of backpay. NUH has offered to backdate workers’ pay to August 2021, which only amounts to 3 years and 3 months backpay from the point at which they were regraded. NUH state there is no evidence that these workers performed clinical duties prior to August 2021, claiming falsely that they didn’t perform these duties during the COVID-19 Pandemic – one of the toughest health crises in history.

Helen, a HCA in Nottingham, said: “NHS staff risked their lives and those of our families to put others first during the pandemic, and continue to do so every day. But it’s clear the trust doesn’t think workers are worthy of being paid what they’ve have rightfully earned.”

UNISON East Midlands head of health Gareth Eales said: “Healthcare assistants want to continue providing exceptional care to people across Nottingham. However, they need to be fairly paid for their work. The majority of healthcare assistants have been working well above their salary band for years – it’s time the trust did the right thing and paid them properly for that work.”

STRIKE ACTION FAQs

What is strike action?
Strike action is where a group of workers refuse to work for a defined period of time. Workers taking strike action either don’t turn-up for work or walk out of work at a set time. Striking workers generally join a picket line outside their workplace to increase awareness and support for their cause.

Does strike action work (or the credible threat of it) and result in better deals for workers?
Yes. In areas where HCSW’s have voted to take industrial action to demand a better deal they have forced the employer to reconsider and have won 5-6 years backpay. This has happened in places like Warrington and Halton, Wirral, Mid-Cheshire, Leicester, Northampton, Kettering, and Bedfordshire.

What is wrong with the NUH deal?
NUH are not offering a backpay deal in line with other NHS Trusts across the country where HCSWs have won 5-6 years of backpay, including Manchester NHS Foundation Trust, Wigan, Wrightington & Leigh NHS Foundation Trust, Stockport NHS Foundation Trust, Pennine Care Foundation NHS Trust, Tameside and Glossop Integrated NHS Foundation Trust, Northern Care Alliance NHS Foundation Trust, Greater Manchester Mental Health NHS Foundation Trust, East Cheshire NHS Trust, Mid Cheshire Hospitals NHS Foundation Trust, Warrington and Halton NHS Trust, Wirral University Teaching Hospital NHS Foundation Trust, University Hospitals of Leicester NHS Trust, Northampton General Hospital NHS Trust, Kettering General Hospital NHS Foundation Trust, Bedfordshire Hospitals NHS Foundation Trust, and many more. HCSWs in NUH are worth every bit as much as those in other parts of England. You and your colleagues shouldn’t settle for less.

NUH made the decision without agreement from UNISON to end negotiations and impose their deal. They have refused to consider talks through ACAS and have incorrectly stated that the dispute has been resolved. This is not only unacceptable, but it also breaches legal recognition terms that UNISON has with the Trust. This is a dangerous moment, if NUH are allowed to get away with this, they will believe they can change other terms & conditions at will. The Trust needs to get back round the table and agree a reasonable solution with UNISON members.

The Trust’s decision to impose back pay up to August 2021 is an insult to all who worked through the Covid-19 pandemic, risking their lives, and caring for extremely sick patients as part of a wider team that put patients before themselves. NUH senior managers claim they have ‘no evidence’ that HCSW’s did clinical work during the pandemic, despite acknowledging that you have been working at Band 3 level for years. They say they ‘respect’ you as workers, but actions speak louder than words.

Who can strike?
The people who are eligible to strike are specified as follows: UNISON members who are employed by Nottingham University Hospitals NHS Trust who undertook Band 3 duties while working as Band 2 Emergency Department Assistants, Healthcare Assistants, Maternity Support Workers, Theatre Support Workers, and Clinical Support Workers (including former job holders who previously worked in these roles but now work in other roles within the Trust) between 01 November 2018 and 31 October 2024.

This means that most Emergency Department Assistants, Healthcare Assistants, Maternity Support Workers, Theatre Support Workers, and Clinical Support Workers who work for NUH and are UNISON members are eligible to strike.

Can former Emergency Department Assistants, Healthcare Assistants, Maternity Support Workers, Theatre Support Workers and Clinical Support Workers take strike action?
Yes. Former Emergency Department Assistants, Healthcare Assistants, Maternity Support Workers, Theatre Support Workers, and Clinical Support Workers who now work in other roles within NUH are a central part of this dispute.

Can I strike if I joined UNISON recently or didn’t vote in the ballot?
Yes. If you meet the above criteria and part of our HCSW pay claim, you can strike.

Can I strike if I’m not a UNISON member?
No. However, you can join UNISON to take strike action with your colleagues. Join online here: http://join.unison.org.uk/

Can I strike if I have only recently joined UNISON?
Yes. You can even join on the picket line on the way to work on a strike day! You will be eligible to receive strike pay immediately.

If you’re booked onto a shift which starts between these times, you should not go to work and you should strike for the entirety of your shift, even if your shift ends outside of the strike period. If your shift starts before the scheduled start of the strike period, you should complete the entirety of your shift even if it ends during the strike period. Members should not book or attend NHSP or agency shifts commencing during strike periods.

Do I need to tell my manager that I’m striking?
No. You are under no obligation to inform anyone that you intend to take strike action. The point of the strike is to be as disruptive as possible. Informing your manager could potentially allow the employer to reduce the levels of disruption.

What about NHSP shifts?
If you have an NHSP shift booked on a strike day, you should cancel that shift as soon as possible. You should not attend work during a strike period. Any HCSW crossing a picket line and going into work on a strike day is making it harder for everyone to win this dispute. You can continue to work NHSP shifts outside strike periods.

Do I have to strike? What if I voted no/don’t want to?
We respect that some people will have voted no in the ballot. However UNISON is a democratic union and, as such, is asking all members to abide by the decision that has been taken by the collective and to observe the strike days. 94% of members voted YES to strike action. It’s only by acting collectively that you can be effective and therefore it’s important not to undermine the efforts being made by other members.

Is it illegal for me to take industrial action?
Absolutely not. UK workers have a legal right to withdraw their labour and to take industrial action.

Will taking strike action affect my visa?
UK visa holders should not be detrimentally impacted for engaging in legally organised industrial action.

Can strike action be called off?
Yes. UNISON still wish to achieve a resolution via negotiation. Should we receive a further improved offer that we would be comfortable putting to our members for consultation, UNISON would then call off the strike action.

Why should I take strike action?
UNISON members should take strike action in order to put pressure on NUH to offer a better deal. You and your colleagues deserve every bit as much as HCSWs in NHS Trusts in other parts of the country who have won 6 years’ backpay.

Through the small individual actions you and your colleagues have taken so far you have forced NUH to re-band the majority of HCSWs, to move those with 2 years’ service to the top of the band, and to agree to pay backpay to August 2021. By completing UNISON’s survey, signing the collective grievance, delivering the collective grievance to Trust management, and voting in the industrial action ballot, you and your colleagues have demonstrated your strength, determination, power, and your ability to win concessions from NUH. Strike action is the next action you and your colleagues must take in order to win the rest of the backpay.

Collective action works! If you continue to fight, you can win the 6 years backpay you and your colleagues deserve. Taking strike action is the final step towards winning big. By standing strong together and taking part in the strike action, you and your colleagues will ramp up the pressure on NUH and force them to finally do the right thing by meeting your demands.

NUH are running scared after receiving the stunning news that 94% of voting UNISON members voted in favour of taking industrial action. You can’t let them off the hook now.

I started after August 2021 – and, therefore, have less than 3 years 3 months service and will receive all the backpay I’m owed. Why should I take strike action to demand a 6-year backpay deal?
Your senior colleagues need your support. They need you to stand with them and are looking to you to help them win the fair backpay deal they deserve. They stood together with you and other HCSWs with fewer years’ service to win re-banding for ALL HCSWs at the end of last year. Don’t turn your back on them in their hour of need.

Many longer serving HCSWs have been performing Band 3 clinical tasks on Band 2 wages for years and years, and many were performing these tasks throughout the COVID-19 pandemic – do they not deserve fair compensation for this work, in line with the 6-year backpay deals secured in other Trusts up and down the country?

An attack on one HCSW is an attack on all. If you allow NUH to shortchange your HCSW colleagues, they will believe they can change other terms & conditions at will. If you chose not to stand in solidarity with your more senior HCSW colleagues, NUH will continue to devalue and overlook all HCSWs and the vital work you do long into the future.

Will there be picket lines?
Yes. There will be picket lines at QMC and City Hospital in operation on all strike days between 6:30am and 2:30pm at the below locations:

• QMC – outside the main entrance on Derby Road by the bus stops
• City Hospital – between Gates 2 and 3 on Hucknall Road

Don’t worry if you haven’t been to a picket line before, just turn up and your friendly HCSW colleagues and UNISON organisers will steer you in the right direction. There will be food, drinks, music, games, megaphones, chanting – and with a bit of luck…some sunshine! Invite your family and friends to join as well. The more people there, the stronger we are!

Picket lines are your chance to make a statement, make new friends, make some noise, and persuade any HCSW colleagues on their way to work to join you on the picket line and take strike action. Any HCSW crossing a picket line and going into work on a strike day is making it harder for everyone to win this dispute.

Will I get paid for the days I am on strike?
NUH will make a deduction from your wages for taking strike action, but they will not deduct a full shifts’ pay due to the rules around strike action pay deductions in your NHS Agenda for Change terms and conditions. That means, for example, that a full time HCSW on top of Band 3 wages will only be deducted £70 per shift for taking strike action – along with any enhancements for nights or weekends.

UNISON will pay at least £50 per day strike pay to help make up that shortfall. Members striking on night/weekend/bank holiday shifts will receive an additional £20 per shift Hardship Fund payment on top of the £50 per shift Strike Pay in recognition of any loss of enhancement pay. UNISON strike pay is tax free and will be paid directly into your bank account. So, you can fight for the backpay you deserve and you’re unlikely to be much worse off while you do it.

IMPORTANT: to claim strike pay you must provide documentation showing you took strike action. First, you must take a screenshot of your ESR rota before you take strike action to show that you have shifts scheduled during the strike action. Second, you must take another screenshot of your ESR rota after you take strike action to show that you didn’t attend your shift. You’ll be able to upload these images when you apply for strike pay.

Deductions for taking strike action are usually taken from your wages in the month following the strike action. So, for strike action taken in April, deductions will usually be taken at the end of May. UNISON strike pay should enter your bank account on or before deductions are taken. Further information about applying for and claiming strike pay will be shared later.

What about the backpay confirmation letters that NUH is sending out?
We understand that NUH will be issuing letters detailing their insulting backpay decision and asking you how you wish for it to be paid (outright or in instalments). If you are in receipt of benefits, a one-off payment may affect your benefit payments, so do not ignore these letters.

It is important to note that even if this payment is enforced on you, it does not exclude you from taking industrial action for a fairer backpay deal. While UNISON is opposed to the Trust’s imposed backpay deal, receiving payment of any backpay enforced upon you by NUH does not exclude you from voting in the ballot or taking strike action to demand the fair 6-year backpay deal you and your colleagues deserve. You would NOT be prevented from participating in this ballot or taking strike action.

So please use your vote, send a clear message to NUH, and stand with your colleagues to fight for a backpay deal you deserve.

Will I get in trouble for going on strike – Is striking a breach of contract?
Almost all effective industrial action is technically a breach of your contract of employment. However, UNISON will only ask you to strike after a lawful statutory ballot. The law protects workers from dismissal while taking part in lawful industrial action at any time within 12 weeks of the start of action. Depending on the circumstances, dismissal after this initial 12 weeks may also be deemed unfair and unlawful.

Are some HCSWs who work on particular wards not allowed to strike? Are there minimum service levels that need to be met?
No. Legislation around minimum service levels does not apply to HCSWs. All eligible HCSWs who are UNISON members will be allowed to strike. There will be no derogations/exceptions.

What about patient safety?
NUH Trust leaders have forced you into this position by refusing to offer a fair deal, despite having numerous opportunities to listen to you and do the right thing. Patient safety is ultimately their responsibility – the buck stops with them. Don’t let NUH exploit your goodwill anymore.

The Trust has failed to consider patient safety by refusing to pay you properly for years which has resulted in many HCSWs leaving NUH, which has left many wards understaffed and has resulted in an increased spend on agency cover. The Trust has continued to fail to consider these factors when offering you and your colleagues this bargain basement deal.

UNISON would never ask members to take industrial action that would endanger life or could cause serious bodily injury.

NUH say there isn’t enough money to pay 6 years backpay
For years the Trust has knowingly and wantonly allowed you to perform Band 3 tasks which you were not being paid properly for. They have deprioritised your wages in order to make savings and cuts. Now that they are being called out on this, they are trying to get away with not properly reimbursing you. Don’t let them get away with it. Other Trusts have found the money, NUH needs to do the same.

What if I have training or a study day during the strike periods?
You should still take strike action and not attend.

Will taking strike action affect my attendance record?
No. Taking strike action will not cause you to trigger on the NUH attendance management policy.

Will taking strike action affect or delay the payment of the  backpay NUH has stated it will pay in April?
All NUH communications state that they intend to pay the backpay for the period August 2021 to November 2024 in your April 2025 wages. They have not issued anything to suggest this has changed.

I already have Annual Leave booked for those dates – should I cancel my leave?
If you have leave booked there is no expectation for you to cancel it, the main thing is that you don’t work on those days. Having said that, some members have said that they do wish to cancel their leave and ensure it is registered as a strike day instead.

What if am on sick leave?
Workers who are absent on sick leave when a stoppage of work starts 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.