NHS Pay FAQs

An industrial action strike ballot is a vote by members of a trade union (like the RCN) on whether to take strike action. The ballot, and any industrial action that follows, must comply with specific legal requirements.

There are strict thresholds that need to be met before industrial action can be taken. In England, at least 50% of all members eligible to vote must vote in the ballot with the majority voting for strike action.

More information is in the RCN Industrial Action Handbook.

The strike ballot opened on 23 May.

Ballot papers were sent out first class on Tuesday 23 May, and members can expect to receive them within days of them being posted out. All ballot papers must be returned to Civica Election Services before midnight on Friday 23 June.

Yes. The ballot – and therefore your vote – is confidential. We are not able to identify any member from their returned ballot paper. Only the independent scrutineer we use to conduct the ballot (Civica Election Services) will be able to identify you. Your employer will not be informed.

To be included in the vote, you must have joined the RCN by midnight on Sunday 14 May 2023 and your MyRCN details need to have shown by this deadline that you are employed in the NHS in England.

This is a postal ballot and in order to have a vote, members needed to ensure by midnight on Sunday 14 May that their MyRCN details show they are employed in the NHS. Members were also encouraged to check that all other details, including postal address, are up to date. However, there is still time for members to update their postal address, as long as it was clear to the RCN that they were employed in the NHS by midnight on Sunday 14 May.

This is a nationwide ballot, which means that if the 50% voter turnout threshold is achieved, and the majority of those vote in favour, we will have a mandate to take strike action in every NHS employer across England. If this threshold is not achieved there will be no strike action anywhere in the NHS in England, at all. 

To get the government back to negotiations, we need to show even greater determination than we have to date. In the current strike ballot we are seeking a country-wide mandate that allows for an even larger strike than we have managed until now.

To achieve a country-wide mandate, 50% of all eligible members (employed in the NHS in England on Agenda for Change contracts) must vote and the majority say ‘yes’ to strike action.

If we miss this threshold, there will be no further strike action anywhere at all.

The law requires us to conduct a statutory ballot for industrial action by post. The law does not allow us to conduct the strike ballot online. 

Each eligible member gets one vote. If at least 50% of members vote in the ballot, with the majority voting for strike action then the legal threshold will have been met.

Strike action is always a last resort but the government's refusal to negotiate pay is leaving us with no choice but to ballot members again for another six months of strike action. We are balloting again for strike action because currently, our patients are not safe. If the RCN received a mandate to strike across England, our commitment to preserving life and limb care would remain. As we have demonstrated in recent strikes, we will not hesitate to work directly with employers and put safety critical mitigations in place.

The RCN Council is recommending that members vote ‘yes’ to strike action, to challenge another unfair and inadequate pay offer and to force the change that our profession desperately needs.

By voting ‘yes’, we will be able to take strike action for a further six months if it’s needed and in every part of the NHS. To get the government back to negotiations, we need to show even greater determination than we have to date, and this includes a new stronger strike mandate in respect of both the 2022-23 and 2023-24 pay years.

The most important thing to do, is vote. Your ballot paper will ask ‘Are you prepared to take strike action’ and the best way you can have your say, if you do not want to strike, is to vote ‘no’ on the ballot.

We’re using a platform called ThruText that allows RCN to contact groups of members at the same time. All users of the platform have had thorough data privacy training and will only ever handle your data sensitively. No ThruText senders have access to the phone numbers because the system hides them from view. They will only see your name. The text message comes from a randomised mobile number that is allocated by ThruText. It is genuine, and the message is written and sent by either an RCN member or RCN staff. Replies to these messages are also sent by an RCN member or staff. We will never ask you to share personal details via text message.

Only following the industrial action strike ballot, and if the necessary thresholds have been met, can the call to take industrial action be made by the RCN General Secretary and Chief Executive in accordance with the RCN Code of Practice on Industrial Action.

If the industrial action strike ballot does not reach the 50% turnout threshold and the majority of those who vote do not vote in favour of industrial action, the RCN will not be able to take strike action in the NHS in England over your pay on this occasion. 

Ballot papers were posted first-class to members who are eligible to vote on 23 May 2023.

If you joined the RCN after 14 May you will not be eligible to vote in this ballot.

Ballot papers need to be received by Civica (the independent ballot scrutineer) by 23 June 2023. A prepaid return address envelope will be included with your ballot paper.   

It's important to check that the contact details we hold for you are up-to-date. The RCN membership team have an established process to check or amend member details and can request/re-issue ballot papers. If you need a new ballot paper, please complete the ballot replacement form (available 30 May).

You will be asked if you are prepared to take part in strike action. You will be given two options: yes and no.    

You should put a cross (‘X’) in the relevant box on the ballot form. However, don’t worry if you have used a tick or some other mark. Your vote will still be counted. The ballot forms are machine read and any anomalies are flagged and read by a person who will see your voting intention.

If you have spoilt your ballot paper, please complete the ballot replacement form on our website (available 30 May).

It is vital that we have your correct postal address, employer, workplace and job category on your RCN record. If this information has changed, you must update your details immediately to ensure you receive a ballot paper and can vote in the strike ballot. Check your details now.

Yes. It’s important to post your ballot paper back as soon as possible to make sure it reaches our independent scrutineer by 23 June. 

No. Members can vote for strike action but taking part on a specific strike day is a decision for individual members. Voting ‘yes’ in the strike ballot increases the pressure on the government to fund fair pay for nursing staff. If the majority of members vote for strike action the RCN will encourage members covered by the mandate to participate in any action that is called.  

No. Once you have cast your vote, you are not able to change it.

RCN members who are employed by an NHS employer on Agenda for Change terms and conditions.

It’s critical that we can identify members as being employed in the NHS on these terms. That’s why you must check that your membership details are correct. If you hold multiple jobs, you need to ensure we have details of all employment in case one of these jobs entitles you to take part in the ballot. 

Yes, you will be able to vote.

However, you can choose to opt out of the strike ballot if you will be away from your NHS workplace in the six months from the close of the ballot on 23 June 2023.

Reasons for this include if you are going on maternity leave, taking a career break, on long term sick leave or retiring.

By confirming that you wish to opt out of the ballot, you are confirming that you:

• Will not be at work in the six months from the close of the ballot
• Understand that you will not receive a ballot paper
• Understand you will not be able to vote in the ballot
• Understand that to opt back in, should your circumstances change, you will need to call us on 0345 772 6100 (choosing option 1 for membership)

You will be able to vote in the strike ballot if:

• your employment has started before 23 May 2023 and
• you have updated your MyRCN records to let us know where you are working, your employer, your postal address and job category.  

Every member is entitled to take industrial strike action following a lawful and successful ballot, and if called upon to do so by the RCN.

You will be able to vote in the strike ballot if:

• you are an RCN student member or apprentice and
• you are directly employed by an NHS employer and
• you are on an Agenda for Change contract.

This may include bank contracts. However, please check your bank contract. You must be employed by an NHS employer on Agenda for Change terms and conditions, and not an internal pay or bank system that differs from the NHS terms and conditions. To update your details with your employer information, go to MyRCN and complete the ‘additional employer’ section. Remember to keep your university details as first employer and add your NHS employer details as a second employer using the ‘additional employer’ button.  

Only RCN members who are directly employed by the NHS in England for an NHS employer on Agenda for Change terms and conditions of service are eligible to vote. This is because the pay awards in England directly apply to these terms and conditions.

NHS employers in England are defined by the NHS Terms and Conditions of Service Handbook in Annex 1: 

• NHS trusts including Foundation Trusts 
• Clinical commissioning groups
• Special health authorities
• The NHS Commissioning Board (NHS England)
• Monitor (NHS Improvement)
• NHS Trust Development Agency (NHS Improvement) 
• The Health and Social Care Information Centre (NHS Digital) 
• National Institute for Health and Care Excellence 
• Health Education England 
• Health Research Authority 
• NHS Blood and Transplant 
• NHS Business Service Authority
• NHS Counter Fraud Authority
• NHS Resolution

NHS Professionals is not an NHS employer for the purposes of the industrial action strike ballot because NHS Professionals is not listed in Annex 1.

Bank staff working for NHS employers on Agenda for Change terms and conditions are eligible to vote.

Please check your bank contract to ensure you are employed by an NHS employer on Agenda for Change terms and conditions and not an internal pay or bank system that differs from the NHS terms and conditions.

As a member of NHS staff, bank staff are eligible to vote in the upcoming ballot if you work under Agenda for Change terms and conditions.

The government and NHS employers decided that only those directly employed on Agenda for Change terms and conditions were entitled to receive the non-consolidated payments for 2022/23 but local contractual arrangements could be considered. Notwithstanding that, you absolutely should vote to demonstrate the strength of the voice of nursing in the next ballot. 

Only if you are currently directly employed by an NHS employer on Agenda for change terms and conditions. If you are not yet employed, you will still be able to vote as long as your employment starts before 23 May 2023 and if you update your MyRCN records to let us know where you are working. Please also ensure we have the correct postal address, job category, workplace and employer on your record.   

Only if you are currently employed by an NHS employer on Agenda for Change terms and conditions. This can include bank contracts provided they are on NHS Agenda for Change terms and conditions and not a different local pay or bank system. 

Yes, providing one of your jobs is with an NHS employer on Agenda for Change terms and conditions.

If you’re employed by more than one NHS Employer on Agenda for Change terms and conditions, you will receive a ballot paper for each employer. You can vote in each employer’s strike ballot.

To update your details and include a secondary employer, log in to MyRCN or call RCN Direct on 0345 772 6100 (select option one), or email membership@rcn.org.uk. You must include your membership number in your email, and you will be asked for it if you call. You can find out more about RCN membership and other ways to get in touch on our membership FAQ's.

There are many ways to support the campaign. You can speak to colleagues in the NHS about the importance of being an RCN member, encouraging them to vote and reminding them to ensure their membership details are up-to-date. Everyone can help by talking to friends, family and colleagues about the importance of fair pay for nursing. 

If you want to support strike action directly you can also donate or fundraise for the RCN strike fund. 

To update your details and include a secondary employer, log in to MyRCN or call RCN Direct on 0345 772 6100 (select option one), or email membership@rcn.org.uk. You must include your membership number in your email, and you will be asked for it if you call. You can find out more about RCN membership and other ways to get in touch on our membership FAQ's.

Yes. It’s important that all members return their ballot paper. If you support the campaign, it's important that you vote ‘yes’. 

Yes. It’s important that all members return their ballot paper. If you support the campaign, it's important that you vote ‘yes’. 

During the ballot, encourage colleagues to learn about nursing pay and help spread the word – all RCN members in the NHS must post their ballots back by 23 June to have their say on the future of nursing pay in the NHS.

The NHS Staff Council is made up of trade unions representing staff in the NHS, including the RCN. After the UK Government made its pay offer, all unions consulted members on whether they wanted to accept or reject it. In the RCN’s own consultation, members rejected it. The NHS Staff Council met on 2 May 2023 and each union reported on the outcomes of their consultations. The majority of unions have accepted the offer and therefore the government will pay it.

The NHS Staff Council’s decisions work by giving a proportionate number of votes to unions, according to the size of its membership. The NHS Staff Council has therefore requested that the UK government implements the pay offer for 2022/23 and 2023/24 as soon as possible. The payment of the offer will include members of all unions, including the RCN. You can read the full offer here.

You can find more information about how the offer will now be implemented in the NHS Employers FAQs.

The RCN has been clear with the government that our members do not accept this offer, however, our call has always been for the government to build on this offer rather than to reduce or remove any part of it. The government intends to pay the award to the whole NHS workforce (where staff are employed on Agenda for Change contracts). This will include RCN members.

On top of this, we will be pushing for more. The RCN has requested the government reopen negotiations with us and make an additional offer that values nursing staff and can prevent further action and bring this dispute to a close. We are also continuing with our plans to ballot members on taking strike action again.

You can find more information about how the offer will be implemented in the NHS Employers FAQs.

Yes. RCN members are represented on the NHS Staff Council who have collectively accepted the offer. The government has confirmed that it intends to implement this for all staff employed in the NHS in England on Agenda for Change contracts.

The implementation of the offer does not affect the RCN’s intention to conduct a strike ballot in May and the RCN remains in a trade dispute with the government and NHS employers, which has been set out in a letter to the Health Secretary. The government acknowledged our ongoing trade dispute.

You can find more information about how the offer will be implemented in the NHS Employers FAQs.

NHS Employers have confirmed that the additional payments for the previous pay year (2022/23) will be paid as a non-consolidated lump sum, and the new salary rates for this year (2023/24) will take effect from 1 April 2023. 

Eligible staff can expect to receive the additional 2022/23 payment and the new 2023/24 pay rates (including back pay to 1 April) as part of their pay in June.

You can find more information about how the offer will be implemented in the NHS Employers FAQs.

The offer that will now be implemented, includes two non-consolidated additional payments for the year 2022/23, that eligible staff can expect to receive as part of their pay in June 2023.

It is recognised that it may be preferable for some individuals to receive the totality of these payments in multiple instalments (i.e. paid across several months), rather than together in a single month’s pay. An example of this might be where individuals receive Universal Credit payments, where any changes to monthly income will directly impact the value of these payments.

Requests need to be submitted as soon as possible and in line with your employers’ cut-off date. Employers should process the request as soon as possible, and no later than 5 June to ensure payroll deadlines are met.

The process you should follow to agree this with your employer is set out in full here.

The government and NHS employers unilaterally decided that only those directly employed in the NHS as of 31 March 2023 are eligible to receive the payments. This was not agreed by the RCN. We appreciate this is frustrating for those who left shortly before that date. The government and employers have confirmed they are not willing to move this date or take account of individual circumstances.

The RCN is clear that the non-pay elements of the offer – including a policy framework for safe staffing, and a separate pay spine for nursing – must be kept and built upon in future negotiations.

An employer is entitled to withhold payment for each day of strike action. As such the RCN will make strike benefit available to those eligible members who take action. The standard strike benefit has been £50 per day, payable from the first day of action. Members will be eligible to receive strike benefit after they have completed one day of strike action.

On 16 February the RCN announced an increase to the strike benefit payments for upcoming action. For strike action taken from March, members can claim £80 for each day. Once members have taken four days of strike action, they can claim £120 for each additional day of action. A day is defined as 7.5 or more hours for full-time staff, and for part-time staff, the member’s contractual rostered hours for the day strike action is called. This will also apply to those taking strike action during night shifts. For full details about the RCN's Strike Benefit Policy, please see Annex C of the Industrial Action Handbook. 

The maximum pay deduction for each strike day for salaried staff working under AfC terms is 1/365th of their annual salary if paid weekly or 1/12th of salary divided by the number of days in that calendar month if paid monthly (unless a local variation to AfC applies), as they can on any other strike day.

Strike benefit will be awarded at £80 per day of strike action taken within our current mandate. We’ll review the long-term strike benefit policy and announce updates in due course.

No. The higher rate of strike benefit - £80.00 from the first day of action and £120 for the fourth day and beyond – will not be backdated. If you take strike action for the first time in March, you will be able to claim £80 in strike benefit. If it will be your fourth day or more of strike action, you can claim £120 per day.

Members will be able to claim strike benefit after they have taken strike action and after a deduction in their salary can be seen on a payslip. 

The form to claim strike benefit is now available here. However, you will need your payslip showing a deduction of salary before you can claim. For many members, this won't be until the end of the month in which you took strike action.  

In order to be paid strike benefit, you will need to have already taken strike action and be able to demonstrate that your salary for that day/ those days has been deducted from your pay. Therefore, it is not possible to claim strike benefit in advance of taking strike action.

Strike benefit might be considered as income for the purposes of calculating benefits such as universal credit. However, other benefits such as child benefit, might not be affected. 

Members should ensure all income is correctly disclosed to the relevant government department for benefit calculation purposes. For specific advice, contact the relevant government department or visit the government's 'Benefits' page.

If you’re an agency worker, you would only be eligible for strike benefit if:

• you’re employed by an NHS employer and
• you take part in lawful industrial action on a day when you were rostered to work and
• you withdraw your labour accordingly

For further details, please see the RCN Industrial Action Handbook.

It might be that your employer has reduced the number of hours you worked in that month, which has altered the calculation of your final pay for the month. This is not acceptable. Employers have a legal obligation to clearly show what the deduction from your pay is - this must be shown on your payslip (or by a direct communication to you, either a letter or email).

It should clearly state that your pay has been deducted for the day of strike action you have taken. The maximum pay deduction for each strike day for salaried staff working under AfC terms is 1/365th of their annual salary if paid weekly or 1/12th of salary divided by the number of days in that calendar month rule if paid monthly (unless a local variation to AfC applies), as they can on any other strike day. You can use the template letters here to challenge unclear or incorrect deductions with your employer. You can also contact strikebenefit@rcn.org.uk for help.

The RCN is campaigning to rectify the years of real-terms pay cuts that are pushing people out of the nursing profession and putting patient safety at risk.

The offer for England announced on 16 March consists of two non-consolidated one-off payments for the current financial year 2022/23 worth between £1,655 and £3,789 for Agenda for Change staff in England depending on your band and a 5% consolidated pay increase for 2023/24.

Members who are employed on Agenda for Change terms by an NHS employer with whom we are in dispute. NHS Employers for the purposes of industrial strike action are those organisations listed in Annex 1 to the NHS terms and Conditions of Service handbook.  

NHS Professionals is not an NHS Employer because the organisation is not listed in Annex 1. 

Yes. You have legal protection from unfair dismissal if you’re participating in official and lawful strike action.  

Nursing staff in Northern Ireland went on strike in 2019.

Members who are employed at a particular workplace. The Code of Practice on picketing recommends that 6 people form an official picket line at any one time.

If you do not form part of a picket line, you can support those who are in other ways, for example by providing food and drink.

Please refer to annex B of the RCN Industrial Action Handbook. 

No. You can only strike if you are on duty on a strike day. But you can support your colleagues and the cause in other ways. For example, you could provide food and drink for those on a picket line, post about strike action on social media and speak to colleagues about being an RCN member. 

No. You can only strike if you are on duty on a strike day. But you can support your colleagues and the cause in other ways, if you feel well enough. For example, you could provide food and drink for those on a picket line, post about strike action on social media and speak to colleagues about being an RCN member.

You will be able to strike if:

• your employment with an NHS employer has started and
• you are scheduled to be at work on a day when strike action is called. 

You will be able to strike if:

• you are an RCN student member or apprentice and
• you are directly employed by an NHS employer and
• you are on Agenda for Change terms and conditions.

This may include bank contracts. However, please check your bank contract. You must be employed by an NHS employer on Agenda for Change terms and conditions, and not an internal pay or bank system that differs from the NHS terms and conditions.

You will be able to take industrial strike action if your employment with an NHS employer has commenced and you are rostered to be at work on a day when strike action is called.

Every member is entitled to take industrial strike action following a lawful and successful ballot, and if called upon to do so by the RCN.

No. You can only strike if you are on duty on a strike day. However, you can support your colleagues and the cause in other ways. For example, you can provide food and drink for those on a picket line, post on social media about strike action and speak to colleagues about being an RCN member. 

Non-RCN members taking part in RCN industrial action 

Members from other unions may decide to strike on the days of RCN strike action. But this is not an official request from the RCN, and any consequences that may follow will be a matter for the individuals concerned.

RCN members taking part in industrial action organised by another union 

As an RCN member, you should attend work as normal when another union is organising industrial action. We also recommend that you:

• don’t take on any work outside of your professional remit on the days of industrial action
• don’t cover the work of colleagues taking industrial action, if that work falls outside your contract or remit
• don’t take on any voluntary overtime work to cover the work of those taking industrial action. 
• avoid taking any bank or agency work to cover the work of those involved in the industrial action. 

Yes, provided the ballot at your workplace has met the required legal thresholds.

No. Members can vote for strike action but taking part on a specific strike day is a decision for individual members. Voting ‘yes’ in the strike ballot increases the pressure on the government to fund fair pay for nursing staff.   

Members can only be on strike if they are on the rota for the day(s) of action. If members have multiple workplaces that are called to strike on the same day, members should support the picket activity at the workplace they were due to be at that day. 

We welcome public support for strike action. Only those members who are employed where strike action is taking place can formally participate in a picket line. However, you will be able support pickets on the day(s) of action. 

You should attend work as normal because failure to do so could be seen as a breach of contract. You could stop at any picket line on the way into work to show support for striking colleagues. You could also visit picket lines during your lunch and break times and can offer support by taking refreshments to striking colleagues.

You should not cover the work of striking colleagues. You should attend work as normal and undertake your normal contractual role. 

You cannot be made or required to undertake work that is outside of your contract of employment. You should support the lawful industrial action of colleagues by not undertaking extra contractual work and/or voluntary overtime. 

The government has awarded £1,400 for employees in England at all NHS pay bands, except:

• those at the top of Band 6, who will get a pay rise of 4% and
• those at all points in Band 7, who will also get a pay rise of 4%

More information is available in the government's press release, 'NHS staff to receive pay rise', and on the NHS Employers' Pay scales for 2022/23 page.

Nursing staff in Northern Ireland have yet to receive a formal pay offer for 2022/23 due to the absence of a functioning Northern Ireland Executive.

For the latest information on Fair Pay in Scotland, see our Scotland FAQs.

For the latest information on Fair Pay in Wales, see our Wales FAQs.

Bands 8a and above will get a £1400 pay increase.

In England and Wales, this was an award, not an offer. The backdated award was paid in September 2022.

In Scotland, the Scottish government has made three offers to NHS staff on Agenda for Change contracts. Our members have rejected all three offers. The government imposed its latest pay offer on all NHS staff after other trade union memberships voted to accept.

After more negotiations, the government has made a new offer. Our members in Scotland on NHS Agenda for Change contracts have until Monday 20 March to accept or reject this new offer. Our Scotland Board, made up of elected representatives, is recommending that members vote to accept. Read more FAQs on the Scotland pay offer here.

In Northern Ireland, where there is currently no functioning executive, the Department of Health announced it would implement the health service national pay body recommendations for 2022-23.

Failing to give NHS staff and other public sector workers a meaningful pay rise actively endangers patient safety. Nursing staff are leaving the NHS in droves due to poor pay, risking its future and the future of healthcare in the UK.

When public sector workers' wages are cut, they spend less in the economy overall, harming other businesses. This reduction in employment and incomes also means a reduction in the government’s own tax intake.

Government spending and income are not independent of one another. The government can also do much more to tax the wealthiest and address tax evasion and avoidance. This should be a priority issue for the government.

It’s possible that some members will have a pensions shortfall as result of the 2022/23 pay award. In such cases, we’ve called for ‘time to pay’ arrangements and we can provide support to negotiate this through your local rep.

For more information, see our contribution changes guide.

Members employed in the NHS in England and Wales received a pay award of £1400 in September 2022. At the same time, member contribution rates for the NHS pension changed. Although some members will be paying less, other members will lose up to 50% of their pay award to increased pension contributions.

The RCN has raised concerns about the impact of increased contributions during a cost-of-living crisis but, despite these concerns, the department has decided to press on with contribution changes. To find out how you will be affected check out our update.

It’s unclear at this stage. Although similar pension contribution changes to those in England, Wales and Northern Ireland are proposed in Scotland, the consultation has not yet concluded.   

Members employed in the NHS in Northern Ireland have not yet received a pay offer due to the absence of a functioning Northern Ireland Executive. However, member pension contribution rates will be changing from October 2022. Contribution changes will mirror those in England and Wales. This means that although some members will be paying less, others will be paying more.

Without a pay offer, some members in Northern Ireland will experience a decrease in their current salary because of an increase in pension contributions. We have raised concern about the impact of increased contributions during a cost-of-living crisis. Despite these concerns, the department has decided to press on with contribution changes. To find out how you will be affected check out our update.

For the latest information on Fair Pay in Wales, see our Wales FAQs.

For the latest information on Fair Pay in Scotland, see our Scotland FAQs.

In Northern Ireland, on 8 December, in the absence of a functioning Northern Ireland executive, the Department of Health announced it would implement the health service national pay body recommendations for 2022-23. RCN members in Northern Ireland took strike action over the 2022-23 pay offer on 15 and 20 December 2022. 

When deducting pay for participating in strike action NHS employers should only deduct a calendar day’s pay either 1/365th of your annual salary if you are paid monthly, or 1/30th or 1/31st of your monthly salary, depending on the number of days in the relevant month if you are paid weekly.

Any enhancements expected for working on a public holiday, bank holiday or unsociable hours would not be paid, but only basic pay would be deducted.

If you have seen the incorrect amount deducted from your pay due to strike action, please use these template letters to address the error with your employer.  

No. Taking industrial strike action does not break continuous employment if you return to work after the strike ends. Taking strike action will not impact your entitlement to earned benefits through continuous service, such as paid sick leave or maternity leave. However, days of strike action do not count towards relevant qualifying periods for certain statutory rights.  

Most employers respect the rights of workers to strike. An employer could try to discipline you for striking but it would have to take action against every employee. To do so on a large scale would be counter-productive and create further unnecessary industrial unrest. That’s why we believe disciplinary action is unlikely.

If you take part in lawful industrial strike action, you’re protected against Unfair Dismissal. It would also be automatically unfair to dismiss any member after 12 weeks if that member had stopped taking part in strike action within the first 12 weeks, or the employer had not taken reasonable steps to resolve the dispute at the date of dismissal.  

Any effect of strike action on your pension will depend on which NHS pension scheme/section you are in. 

1995 section:

 The calculation for pension benefit is based on your best pensionable pay of the last three years. Therefore, if you are not planning to retire in the next three years, taking strike action has no impact on your 1995 section pension benefit. If you are planning to retire within three years there may be an impact on your pension benefit. However, you can mitigate this either by using a previous year’s pensionable pay figure or making additional voluntary contributions to your pension if you chose. 

2008 section:

The calculation for pension benefit is based on ‘total reckonable pay’ which is the average of the best three consecutive years pensionable pay in the last ten. Each year’s pensionable pay in the last ten years before retirement is increased by cost of living to bring that pay figure up to what it would be worth on the day of leaving. Therefore, if you are not planning to retire in the next ten years, taking strike action has no impact on your 2008 section pension benefit. If you are planning to retire within ten years there may be an impact on your pension benefit. However, you can mitigate this either by using a previous year’s pensionable pay figure or making additional voluntary contributions to your pension if you chose. 

2015 scheme:

The calculation for pension benefit is based on the ‘build up rate’ which is a fraction of your pensionable earnings each year. In the 2015 scheme you earn a pension of 1/54th of your pensionable earnings for each year in the scheme. Therefore, taking part in strike action is likely to have a small impact on your 2015 pension benefit you can mitigate this by making additional voluntary contributions to your pension if you chose.

It is important to seek both pensions advice and financial advice before making any pension related decision.

Taking strike action will not impact most member’s entitlement to maternity pay. However, if you take strike action in the eight-week period before the fifteenth week prior to your expected week of childbirth, there may be an impact on the amount of maternity pay you receive. This is because your maternity pay is calculated based on your average weekly earnings and regularly paid supplements fo

RCN students who are also currently directly employed by an NHS employer on Agenda for change terms and conditions were eligible to vote. However, if they were not yet employed, they were able to vote in the strike ballot if their employment commenced before 27 October 2022 and if MyRCN records reflected this.

RCN student members and apprentices who are directly employed by an NHS employer on Agenda for Change terms and conditions can take strike action. This may include bank contracts. However, please check your bank contract to ensure it is an NHS employer on Agenda for Change terms and conditions and not an internal pay or bank system that differs from the NHS terms and conditions.

You will be able to take strike action if your employment with an NHS employer has commenced and you are rostered to be at work on a day when strike action is called.

There might be an impact in some areas so if you have any concerns about your placement or supernumerary status, you should first speak to your placement supervisor or your university course leader as soon as possible. If you feel that this concern is not being addressed, you should raise your concern in accordance with RCN guidance.

The RCN expects agency workers will not provide cover for striking members. If you are allocated to work at an NHS organisation on a day of strike action, the RCN expectation is for members not to cover that shift.

You could ask your agency to find you alternative work at an organisation that is not affected by the strike action, for example a private hospital or a care home.

When applying for indefinite leave to remain, you must provide a letter from your employer that details your absences from work. Absences from work to take strike action will not have a negative impact on your application.

When applying for indefinite leave to remain, your employer will provide a supporting letter confirming your gross annual salary. The letter must also confirm that your gross annual salary meets the salary threshold required by the Immigration Rules. Any reduction in your salary due to taking strike action will not have a negative impact on your application. 

For more information, see the government's 'Workers and Temporary Workers' guidance. 

Our strike benefit is not public funds. So if you strike and lose pay, you’re entitled to receive RCN strike benefit.

Nursing staff in independent health and care organisations deliver safety critical nursing care and they deserve pay, terms and conditions that at least match their colleagues in the NHS.

We’ve always been clear that what the government awards the NHS is an indication of what they believe nursing staff in any setting deserves. We've always called for pay parity between the NHS and every other setting.

We continue to support non-NHS members in seeking appropriate recognition in their pay and working conditions for the complex expert care they deliver.

For more information on our campaigning in this sector, see 'Our fight for fair pay in non-NHS settings'.