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Exemptions to Strike

Published 15th December 2022 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.

These exceptions are subject to review following day 1 of strike on 21st December 2022.

Constructive conversations between trade unions and EMAS senior leaders have now concluded, and mutually acceptable derogations have been agreed. However, these are subject to change on day 2 of the strike.

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

A script will be used by the managers on station when passing a job to the picket line. Where there is no picket line or manager on station the job will be passed via the station phone. It has been agreed that there will be one member of staff who is working to derogations in the station to answer the phone and receive the job if no manager is on site. 

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 21st December 2022 or 28th December 2022. 

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. 

Option 4 – Member will respond to Category 1 calls and Category 2 calls of the following types: 

  • Chest pain
  • FAST-positive stroke (Cerebrovascular Accident/CVA) within the thrombolytic window
  • Collapse outdoors or in a public place 
  • Road Traffic Collision where a patient is trapped
  • Gynaecology 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.

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 and limb for a patient of any other Category 2 type to see if a response can be made. 

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 not to strike and will provide a normal working function. HART staff will only respond to HART jobs during the period of the industrial action.

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 palliative care patients who are returning home or travelling to a hospice. 

Emergency Operations Centre Staff – EMDs and dispatchers

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.

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:

  • 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. 
  • 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, 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 0700 until 1900 – jobs will be distributed via the station phone. 
  • 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 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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