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Exemptions to Strike

Published 15th December 2022 by Dan Roizer

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: 

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:

Payment – A&E ambulance staff

Payment – Non-Emergency Patient Transport Services staff

Payment – Emergency Operations Centre staff (all staff)

Payment – All other staff

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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