16th January 2023

RCN industrial action is taking place on Wednesday 18 and Thursday 19 January from 7am – 7pm. Locally, DCHS is one of the employers affected by this second phase of industrial action – along with Derbyshire Healthcare NHS Foundation Trust (DHcFT). Taking part in industrial action is a personal choice and whilst some RCN members will take part, others may choose not to. We’ve been encouraging local conversations to understand people’s intentions for planning purposes, though there is no obligation on RCN members to confirm either way. If you have confirmed to your manager that you intend to strike then we’ll assume you are taking part on the day and will not attempt to contact you. If you happen to be absent on either of the strike dates and you haven’t notified us, normal practice will apply and we will attempt to contact you as part of our duty of care. We’re also working on reporting mechanisms for those taking part in industrial action so we have a complete and accurate record for pay purposes.

Derogations

The RCN defines a derogation on its website as “an exemption we provide to a member or service from taking part in industrial action”; essentially they are what our unions use to deliver safe industrial action. We’ve been working closely with the RCN and staff partnership colleagues to achieve the right balance in terms of respecting people’s right to take part in industrial action while ensuring the safety of our patients.

Discussion are ongoing with RCN officers today regarding derogations for essential, life-preserving services. However, it is likely most services will be impacted, and any derogations are only likely to be supported to cover night staff levels of staffing for 24-hour services and Christmas Day levels for all other requests. We’ll write to colleagues in derogated services as soon as we’ve reached an agreement with the RCN.

New: Industrial Action Advice Hub

As part of our support for colleagues we have opened an Industrial Action Advice Hub – a dedicated advice line, contactable via phone and email, for any questions or queries you may have around the industrial action, and for support in mitigating any likely impacts on your service and patients. This will be in addition to the FAQs which we are busy collating to provide support on all sorts of scenario planning situations.

The dedicated Advice Hub opened today (Monday) specifically for all DCHS and DHcFT colleagues and is staffed by our own People Services team. The Advice Hub will be available all this week during normal working hours, and into next week if it is still needed by you and your services. It can take queries from managers and individual team members, as well as being a central point for co-ordinating redeployment and temporary staffing requirements. To raise a query or seek support please keep a note of these contact details:

Email: dchst.ia@nhs.net

Phone: 07785 414 129

Support for you

Don’t forget our wellbeing team remains available for a confidential, impartial 30-minute call (via telephone or MS teams) – just email: dchst.yourwellbeingteam@nhs.net to arrange a suitable time, or find out more here. We’re also asking all managers to place additional emphasis on wellbeing checks over the two days. You can also contact the employee assistance programme staff support line 24/7 on 0800 085 1376 to speak to a counsellor, or self-refer to Resolve staff support service: resolve@nhs.net or by calling 01246 515951. You may want to consider standing down non-urgent meetings or business during the industrial action period.

Frequently asked questions

We’ve shared a host of FAQs on My DCHS here. Please familiarise yourself with these and let us know if anything is missing as we’ll continue to build on them.

Can I choose to strike for only part of my shift on an agreed strike date?

This question has been asked by a number of colleagues so we’ve answered it here and added it to the FAQs. As we mentioned above, we’ve always been fully committed to working with staff partnership colleagues to achieve the right balance in terms of respecting people’s right to take part in industrial action while ensuring the safety of our patients. We also fully recognise the strength of feeling and the commitment to patient care that all colleagues feel – it is not an easy position for anybody to be in.

Working for part of the day to carry out essential duties, whilst striking for part of the day in solidarity with other RCN members, is a scenario known as ‘partial performance’. DCHS has confirmed support for partial performance in this context, and so colleagues may choose to take part in strike action for only part of their shift. Should this partial performance be their preference, they would be paid at their normal rate for the portion of the shift that they work. Details of the reporting process which will allow colleagues to inform us easily of the information needed to ensure pay is deducted correctly will be shared shortly. We recognise the importance of good pay and conditions for individuals and families, and we will do our utmost to support everyone through this difficult period. We want to see a resolution as soon as possible to the strikes, but ultimately pay is a matter for the Government and the trade unions.

Support from partners 

We’ve been in active dialogue with system partners, asking for their understanding while we are juggling priorities on the industrial action days and into next week. We're asking partners to make all their staff aware, prioritise and minimise referrals into our services on the two strike days and support us in any way possible. We have also shared our specific support requests for colleagues in primary care, secondary care, social care and DHU Healthcare.

Support from the public  

We’re reiterating to members of the public that they should continue to come forward for care and treatment unless they hear from us. We’re also reminding people to use services wisely and take simple steps to help ensure care is available to patients who need it most. This includes using 111 online as the first port of call for health needs, and continuing to use 999 only if it is a life-threatening emergency. The public will be asked to play their part by looking out for loved ones and checking in on vulnerable family members and neighbours. More information is available for the public on our website.

Picket lines  

Picket lines are an established part of industrial action to enable those taking part to pass on information about the reasons behind the action to colleagues, patients and visitors. We’ve received formal notice from the RCN that picket lines will be formed at Walton Hospital, Ripley Hospital, Ilkeston Community Hospital and Florence Nightingale Community Hospital. There is guidance in place for those joining picket lines in our FAQs.

We may well see local reporters attending picket lines to speak with staff. If the media want to film pickets or speak to picketing employees they should make sure they advise the trade union lead at that site. No statements should be given to the media on behalf of DCHS as an employer. Any comments that picketing employees choose to make to the media must be on a personal basis. Media enquiries for DCHS in relation to industrial action should be directed to the communications team – a member of the comms team will also be present on the day.