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Physicians

Doctors Should Be Banned from Taking Strike Action, Says Tory Leader Kemi Badenoch

Strategic Insights

— 1 min read

Kemi Badenoch, the Conservative leader, has proposed banning doctors from taking strike action, likening them to police and military personnel who are already prohibited from striking. The proposal comes as medical staff, including resident doctors, prepare for a five-day series of strikes over pay. Badenoch claims that the British Medical Association (BMA) has become "militant" and its 11 strikes in the past 18 months have led to patient deaths.

Key Takeaways:

  • Kemi Badenoch has proposed banning doctors from taking strike action, citing the impact on patients and the economy.
  • The Conservative party would amend the 1992 Trade Union and Labour Relations (Consolidation) Act to include doctors, who would still be able to unionize through the BMA.
  • Doctors would be allowed to take action short of a strike, such as working to rule and banning overtime.
  • The party is also proposing minimum service levels to ensure a basic level of service provision in healthcare, education, and transport.
  • The proposed changes would bring the UK in line with other nations such as Australia, Canada, Greece, Italy, and Portugal, which have tighter restrictions on doctors striking.
  • Lawyers could argue that the right to strike is an integral part of the right to freedom of assembly and association, protected by Article 11 of the European Convention on Human Rights.
  • Stuart Andrew MP, Shadow Health Secretary, has expressed support for the proposal, stating that the BMA has "taken our NHS hostage" and used the Labour Government's weakness to demand more.

Statistics:

  • There have been 11 strikes by doctors in the past 18 months, according to the British Medical Association.
  • The proposed changes to the Trade Union and Labour Relations (Consolidation) Act would include doctors at all levels, including resident doctors.
  • Australia's Fair Work Act 2009 requires the Fair Work Commission to suspend or terminate strike action that endangers the safety, health or welfare of the population.
  • Under UK law, an employer must persuade the High Court to grant an injunction to suspend strike action.

Sources:

  • Kemi Badenoch, interview on Camilla Tominey's GB News show
  • Conservative Party statement
  • British Medical Association
  • Stuart Andrew MP, statement
  • Trade Union and Labour Relations (Consolidation) Act 1992
  • European Convention on Human Rights (ECHR) Article 11
  • Police Act 1919
  • King's Regulations
  • Fair Work Act 2009 (Australia)
  • Labour Government statement

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