Salaried and locum GPs need to follow the lead of their employing partners on collective action, the BMA has warned in new guidance.
Collective action began this month following a ballot result in which 98% of GP partners voted in favour, with actions including capping patient contacts at 25 per day and stopping engagement with advice and guidance.
The doctors’ union warned sessional GPs that if they take part in collective action without instruction from their employer, they could be in breach of their contract and face disciplinary action.
But sessional GPs must always follow the instructions of the practice partners who are taking collective action, even if they themselves ‘do not want to’ take part.
The new guidance said that any changes to the way sessional GPs work as a result of these actions must be ‘mutually agreed’, especially if they require a change to the job plan.
If collective action ‘significantly’ changes the way a salaried GP works in the practice, the BMA advises partners to communicate this ‘in writing’.
On this, the guidance said: ‘As per usual practice working, salaried GPs must follow the reasonable instructions of their employer in order to avoid being in breach of their contract. Changes to your job plan should only be implemented by mutual agreement.
‘Where the action involves clinical judgement, however, normal Good Medical Practice principles apply and it is the individual’s responsibility to determine whether they can deliver safe patient care.’
On the importance of being ‘united’, the BMA advised: ‘For collective action to be effective, it is imperative that contractors or partners who participate in collective action to instruct the salaried GPs they employ to take the same action.
‘Collective action will be most effective when the changes to working are adopted by the entire clinical team, including sessional GPs.’
However, if those practices taking part in action only ‘enable or instruct’ partners to work in a new way, salaried GPs should contact the BMA for advice.
The guidance also urged partners to be clear on whether any changes to ways of working are ‘time limited’, for the period of collective action, or a ‘permanent change’.
Safe working principles should ‘continue after the collective action period and become a permanent positive change’, according to the union.
For locums, the guidance recommended they ‘ensure they have clear cancellation terms and timeframes within their contract’ to mitigate the risk of short-notice cancellations.
NHS England has instructed ICBs to make sure that GP practices are continuing to meet contractual requirements during any collective action.
So-called collective action.