How will the doctors strike affect recruiters?
The British Medical Association has announced that for the first time since 1975, doctors will be striking on 21 June as a protest against proposed changes to their pension arrangements.
What do medical recruiters have to bear in mind?
Recruiters will know that it is a breach of regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Conduct Regulations) for an employment business to supply a work-seeker to perform the duties normally performed by a worker who is taking part in a strike or other industrial action. In some cases this restriction has been overcome through the use of limited company contractors who have opted out of the Conduct Regulations.
While it is understood that there are medical personnel, including doctors, who operate through a limited company – be that an umbrella or personal service company – it is important for recruiters to remember that an opt out cannot be given by a worker who is involved in working or attending any vulnerable person.
With a few limited exceptions, this is likely to include all doctors. Medical recruiters must therefore treat with caution any requests to supply replacement doctors on 21 June should the planned strike go ahead.
By the way, who is looking forward to a £68k p.a. pension…?
Ben Grover
Adrian, a highly experienced lawyer, founded Lawspeed in 1997. He is responsible for developing our extensive portfolio of products and services, including the widely used Lawspeed contract templates. Adrian is an expert on “recruitment law” and specialises in contracts, regulatory compliance, employment status and dispute handling. He is chair of the trade body the Association of Recruitment Consultancies, the only lawyer lead recruitment trade body in the UK. Adrian and his co-director Ravi devised Standards in Recruitment as a vehicle for helping drive up standards and compliance in the industry.
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