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Exemptions for Industrial Action on 6 February 2023 – UPDATED

Published 2nd February 2023 by GMB EMAS

All member of GMB can exercise their right to take industrial action. This is a personal preference and you are legally protected to withdraw your labour.

Following the previous strike action taken in December 2022 and January 2023, the exemptions have been reviewed and a few minor changes made; please see below.

Constructive conversations between trade unions and EMAS senior leaders have now concluded, and mutually acceptable derogations have been agreed. 

Therefore, members of the GMB trade union due to work during the planned strike action period will need to decide which option they will be enacting. 

UPDATE: In the event that no EMAS manager is available on station, one member of staff  will be on station to receive jobs from the Emergency Operations Centre (EOC) for dissemination to staff willing to work derogations and respond.

Members will have the option, at all times to withdraw or change their chosen option, however, this will impact their pay arrangements. Members also have the right not to choose an option and as a result, will be recorded as exercising their right to strike.

If you are striking and do not plan to attend a picket line or station, please ensure you inform your local divisional management team before your shift is due to begin on the date of the industrial action. 

Please note that if your part of your shift falls outside of the hours of Industrial action you will be expected to undertake you full duties.

Staff on training course also retain their right to strike and are requested to advise their training centre/facility prior to their course starting on the day of action if they choose to exercise this right.

Options Available to Members during Industrial Action

A&E Ambulance Staff

Option 1 – Member wishes to exercise their right to strike and will not respond to any category of call. 

The member may choose to join a picket line or remain away from the workplace but must be contactable and in a fit state to respond to work in the event that a Major Incident is declared. 

Option 2 – Member chooses not to strike and will provide a normal working function.

Option 3 – Member will only respond to Category 1 calls (fully coded prior to allocation).

Option 4 – Member will respond to Category 1 calls and Category 2 calls (fully coded prior to allocation) of the following types: 

  • Chest pain
  • FAST-positive stroke (Cerebrovascular Accident/CVA) within 6 hours of symptom onset time
  • Collapse outdoors or in a public place 
  • Road Traffic Collision where a patient is trapped
  • Obstetric emergency where mother or baby are at risk
  • Children aged five and under
  • Children aged six to 16 years old, following a discussion with trade union Representative.

NB: 111 C2 calls are not included in the derogations, regardless of the nature of complaint

NB: C2 IFT calls are not included in the derogations, regardless of the nature of complaint (this includes transfer from any hospital facility where the call may not be coded as an IFT – for example community hospital transfer requests)

NB: Only calls coded by the AMPDS system and originating from a 999 call are included in the derogations. For example, an emergency call from Lincs CAS or similar community care provider are not covered by these exemptions

In addition, a conversation will take place between a clinician and the trade union representative in the Emergency Operations Centre (EOC) should there be a clinical concern to life or limb for a patient of any other Category 2 call, to see if a response can be made. 

Urgent Care Assistants (UCAs)

Option 1 – Member wishes to exercise their right to strike and will not respond to any category of call.

The member may choose to join a picket line or remain away from the workplace but must be contactable and in a fit state to respond to work in the event that a Major Incident is declared.

Option 2 – Member chooses not to strike and will provide a normal working function.

Option 3 – Member will only respond to back-up colleagues on a Fast Response Vehicle (FRV) who have requested a red back-up. 

SORT Operatives and all Hazardous Area Response Team staff

Option 1 – Member wishes to exercise their right to strike and will not respond to any patients.

Option 2 – Member chooses to provide response to incidents requiring HART specific skill only

Option 3 – Member chooses to provide response to incidents requiring HART specific skills and requests for red backup

Non-Emergency Patient Transport Services staff

Option 1 – Member wishes to exercise their right to strike and will not respond to any patients

Option 2 – Member chooses not to strike and will provide a normal working function

Option 3 – Member will work under the exemptions. This means they will only attend patients travelling for renal treatment or oncology treatment, or end of life care patients who are returning home or travelling to a hospice. 

Emergency Operations Centre Staff – EMDs

Option 1 – Member wishes to exercise their right to strike and will not attend work.

Option 2 – Member chooses not to strike and will provide a full, normal working function.

Option 3 – Member will work to exemptions and only be available to answer 999 calls and undertake no other EOC duties.

Emergency Operations Centre Staff – Dispatch Officers

Option 1 – Member wishes to exercise their right to strike and will not attend work 

Option 2 – Member chooses not to strike and will provide a full, normal working function.

Option 3 – Member working to exemptions and will provide a ‘Radio Operator’ only role:

  • HP – Max of 1 of the 3 staff per dispatch desk will answer radio calls only and not dispatch crews or undertake any other EOC role
  • BBH – Max of 1 of the 4 Dispatch Officers will answer radio calls only and not dispatch crews or undertake any other EOC role
  • Staff wishing to undertake this option can ‘rotate’ through the roles by mutual agreement during the shift if the number of staff wishing to participate exceeds the maximum number agreed above.

Emergency Operations Centre staff – Clinical Assessment Team (CAT)

Option 1 – Member wishes to exercise their right to strike and will not attend work.

Option 2 – Member chooses not to strike and will provide a normal working function.

Option 3 – Member will work under the exemptions. This means they will only provide support to patients on the CAT stack and will not perform any other duties.

Enabling Services Staff (including Fleet and Logistics)

Option 1 – Member wishes to exercise their right to strike and will not attend work.

Option 2 – Member chooses not to strike and will provide a normal working function.

All managers

Option 1 – Member wishes to exercise their right to strike and will not attend work.

Option 2 – Member chooses not to strike and will provide a normal working function.


Please note:

  • Industrial Action will take place between 0600hrs and 0800hrs the following day. Staff starting or finishing their shifts outside of these hours, will be expected to be at work as normal.
  • Where possible, staff working to agreed exemptions will not work outside their dispatch area. However, by exception, a crew may be required to go further afield, however we will try to keep this to a minimum. 
  • Any staff member working to exemptions will only work from their base station and not be moved elsewhere to respond.
  • All responses to those who have agreed to work under exemptions will be activated from the picket line via a verbal request (where there is no picket line, mobilisation will be via station telephone)
  • No radios will be on the picket line by staff exercising their right to strike, however, once a job has been accepted the member must turn on their radio and log on to their Mobile Data Terminal until they are back at base for safety purposes. Outside of the operating hours of picket lines – which are stated to be 0800 until 1800 – jobs will be distributed via the station phone or handheld radio on the manager channel. 
  • When travelling back to base, if an open channel Category 1 broadcast is made with details of the incident, you can respond if you feel it is appropriate. However, you are under no obligation to do so.

Payment – A&E Ambulance Staff

  • Members who choose Option 3 will be paid from when the call is accepted to when they return to base. 
  • Members who choose Option 2 or 4 will be paid for the full shift as normal provided they continue working to those exemptions for the full period of the shift. 

Payment – Non-Emergency Patient Transport Services staff

  • Members who choose Option 2 or 3 will be paid for the full shift as normal provided they continue working to those exemptions for the full period of the shift. 

Payment – Emergency Operations Centre staff (all staff)

  • Members who choose Option 2 or 3 (or 3 for CAT) will be paid for the full shift as normal provided they continue working to those exemptions for the full period of the shift. 

Payment – All other staff

  • Members who choose Option 2 will be paid for the full shift as normal provided they continue working to those exemptions for the full period of the shift. 

At EMAS we respect the right of our staff and members of the trade unions to take industrial action peacefully and when there is a lawful mandate to do so.

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