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NHS: Strikes

Asked by Joe RobertsonConservativeDepartment of Health and Social CareTabled Answered 1 December 2025UIN 91042

The question

To ask the Secretary of State for Health and Social Care, pursuant to the Answer of 22 October 2025 to Question 77546 on NHS: Strikes, whether NHS staff who are on strike may be paid by another NHS trust for undertaking (a) agency and (b) locum during the strike.

Answered by Karin Smyth

Regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 stipulates that striking National Health Service staff can work for another NHS trust on days of industrial action as long as they do not do so via an employment business to cover the work of striking workers. Some employment contracts may require employees to either declare to or seek permission from their primary employer before working with another employer, and further guidance for employers can be found on the NHS Employers website. In addition, doctors should refer to the Good Medical Practice Guide issued by the General Medical Council (GMC) when making decisions about working during periods of strike action. The GMC advises that doctors who are due to work but are not attending because of strike action should remain prepared and available during their scheduled hours in case circumstances change.

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