Junior Doctors Strike & Collective Bargaining

This assignment examines the ongoing dispute between junior doctors in England and the government regarding working conditions and pay. It analyzes the role of the British Medical Association (BMA) in negotiations, the government's imposed contract, and the consequences for both doctors and patients. The document explores collective bargaining tactics used by the BMA and highlights the complexities surrounding this healthcare crisis.

EMPLOYEEE RELATIONS
1.1 Unitary references framework and pluralistic explaination regarding every
perspective implication for proper means in order to ensure conflict resolving
An observable paradigm-shift has been encountered in effective management of
employee-relations(ER) towards the strategic & integrated frame based upon
employees commitments. Furthermore, sharing of interest in terms of workarea is
done rather than traditionally controlling at management level along with conflict
arising between employers & employees. This has beeen occuring since the
1980's(Cully et al.1999:57; Kaufman 2008:317). Namely 3 kinds of Employee
relation perspective namely the unitary, pluralistic and the Neo-Unitary (Farnham
1993:37), however, only two of these methods of ER will be explained in this essay;
the unitary and the pluralistic method. Furthermore, the essay shall exemplify which
method is best for managing successful ER in a company.
Unitary frame of reference refers to one perception towards a particular objective. By
perception here we are referring to the inner thoughts or what you are thinking inside
you and are expressed by your behaviour with the aim of meeting your objective. In
an organisation, unitary frame of reference will mean your personal perception
(presumptions, outlook, moral-code and implementation) in relation with
commitment of organization & management towards its objective. Thus, with
this perspective, for success to be achieved by any given organisation irrespective of
their different roles and job descriptions members must share a similar frame of
mind and have common interest towards organizational targets. Employees are
regarded as loyal. In addition, management's privelage is considered to be guided by
parental-way. Interests of every entity is given the preference. Also management is
the sole focus or loyalty. This method explains, only one higher-authority exists
within a firm to manage and control employees’ relations.
Pluralistic frame of reference refers to a situation whereby the organisation is
formed into powerful & diversified subdivisionspossessing a different set of loyalty in
legal-terms in addition to their self objective and leaders as well. The viewpoint in
terms with pluralistic, comprise of mainly the management of the organisation and
trade unions. In this frame of reference, trade unions act as legal body to workers
and conflict is dealt by collective bargaining. The role of management of enforcing
and controlling workers will be less because most of the decisions will stem from the
trade unions. Focus of management will be to influence and to co-ordinate for the
success of the organisation.
Differences between these two forms of references are seen in the table below:
Unitary System Pluralism System
Organised form of deliberation Deliberation is not organised because

because organisation is seen unique. organisation is divided.

There is low commitment because
management is the sole controller of the
organisation
There is high commitment because
organisation is controlled by the trade
union.
More bureaucratic practice because it is
centralised
Less bureaucratic because it is
decentralised between management and
trade union.
Ethical in resolving conflicts Not ethical in resolving conflicts as it is
done through collective bargaining.
Single source of authority. Multiple sources of authorities.
From the above differences, both methods have it advantages and its
disadvantages.
The Unitary method is advantageous in that it integrate employers and employees
interest so that it can enhance employees’ loyal & highly accomplishing nature
(Guest and Puccei 2001:209). The managing of stakeholders could be attained over
its basis thereby enhancing the importance of employees within the firm. Henceforth,
for betterment of organization the well-being of employees is given priority(Ackers
and Patne 1998:540).This method moreover lays emphasis upon managrial
involvement for establishing a winning situation in accordance to employee & firm as
well. With this, the different interests could be coordinated among each other(Giles
1989:131). The scope involved in diversified styles of management is broadened for
managers thereby stretching their capabilities to maximum(Ackers and Patne
1998:539). These qualities in managers can reduce the strength of trade unions.
Furthermore, unitary form of reference states that the associated members of an
organization are rational focussing mainly upon shared set of interest. In order for
achieving steady Employee Relations(ER), a proper rational is stated by this belief
laying major focus upon shared set of objectives(Giles 1989:131). Lastly, within the
methodology of ER, unitary-phenomenon is reagrded as an individualist. This works
best with reference to individualist in ER systems(Giles 1989:131). Ample of
Employees relations system spread across the world had caused shifting towards
individualist-paradigms from collectivist-paradigms, with inclusion of UK. Henceforth,
Unitary approach in context to reference accounts to be of very importance to the
viewpoint of ER.
The disadvantage with the method of reference is that it fails to realised the
existence of inequities in contyext to power among employers & employees thereby
leading to generation of diversified conflict(Kessle and Purcell 2003:315).Managers
often turn to suppress their employees in the working condition especially in blue-
collar jobs. In addition, conflict with this method is resolved in an ethical manner, it is
not regarded as a reflecting entity in accordance with inequities & can be further
utilised as opportunity in order for regaining the working euphony(Dzimbiri 2008:2,
and Kitay & Merchington 1996:1267).

Pluralism system as one of it advantages, emphasises that effective
employees relations intervention can resolve conflicts through collective bargaining
(Dzimbiri 2008:3). In order for showing responsiveness towards the conflict, the
managing authorities can take help of consultative methodology. In addition, this
approach takes in consideration the taking of decisions (Dzimbiri 2008:3 and Giles
1989:131). While its disadvantage could be that it lays extreme focus upon interests
of workers that could cause inefficient procedures of collective-bargaining.
As a conclusion, any of the above frame of references could be used in any
company to resolve conflicts depending on the nature and structure of the company.
1.2 Trade unionism
An organization of workers assigned for taking voluntary actions for peomotion &
protection of their common interests, is termed as Trade Union. (Article by Smriti
Chard). British trade union had a labourist characteristic back in the 1980 and has
experience an unprecedent transformation which came provisional end in the middle
1920s. The emergence of trade unions have stemmed from the England's revolt with
respect to its industries. As stated by Edwin B. Felippo ‘’ trade-union is formulated for
promotion, protection and improvement by collective methods undertaken in scioal,
political & economic intentions for its associated entities’’. Labour unions are
massive organizations with high budget and good legal legislations with each
organization having their own internal rules. British trade union genuinely can find an
objective in economic interest, better wages and improved conditions of work is the
mainly objective. There are many trade unions in the world and in UK over 52, in
particular with every single profession having its own trade union to protect the
interest of workers. There are specific trade unions for every single profession, for
example: Craft unions are represented by skilled workers (engineers or electricians);
general workers (genuine workers, transports); general; professional union
( teaching profession); Trade Unions Congress, British Medical Association (BMA);
British Air Lines Pilot Association (BALPA); Fire Brigade Union (FBU), etc.
Leadership of union can find difficult to control their members, and that it manifests in
unofficial strikes. Different unions offers different interests. Low paid workers
genuinely, favoured the income policies and high paid tend to favour free collective
bargains. British union movement by post war agreed a growing membership: In
1945 was 7.9 million members, by 1955 was increased of 9.7 million and in 1979
was increased to 13.2 million members of trade union in Britain. That was the pick,
the year of Margaret Tatcher election for trade union membership.
If in the beginning, the trade union was designed jus for mans, in 2007 has
registered a number of 7.6 million of members of women’s only. Also, it has
observed that, trade unions are stronger in public sector workplace than in private
sector workplace.

1.3 Role of key players in Employee Relations
Manager is the most important person in employee relation. Promotion of
maintaining healthy relations is done by manager at workplace. He makes sure that
working environment is very conducive to the workers and this motivates the workers
to put in their best for the organisation’s objective to be achieved. To work
individually at workplace without talking to anyone is quite difficult process,
everybody requires people to share thoughts and opinions around them. The
manager fits in to redress these worries by the worker. The manager must
understand his employees and know their objectives to be able to supervise,
coordinate and control them for the organisation’s goals.
Every organisation is structured on its organigramme from top management to
middle management and to line management. Each of these managers heads
various departments with workers under them. They act as team leaders in their
respective department. A big organisation will have departments like the
Administrative, Finance, Marketing, Control, Information Technology and legal all
headed by a team leader. Also, team leader must be an idol to his workers by
showing examples for the workers to follow. For example, if the opening hours to
work is at 8:am in the morning, he must be there before that time and stay till the
closing hour of work. Again, he must make sure that there is full collaboration among
the workers by bringing them together for a better output. For example, if there is a
conflict between two workers, the manager needs to assign them in the same task or
put them sit alongside. In this way there will have no choice but to resolve the
conflicts themselves. Furthermore, a good leader must be empathetic in the sense
that he needs to look at situations from others points of view. He needs to respect
the workers’ rights, belief, values and feeling. Finally, managers must have good
social skills by understanding his workers very well through their strength and
weaknesses.
To conclude, the above role of the manager in employee relations will enhance the
achievement of any organisation’s objectives. However, this will effectively applied in
a unitary frame of reference than in a pluralistic method of reference as discussed in
task 1.1.

2.1 Procedures in dealing with Conflict situations (NHS employers study
case).
Conflict can be defined as opposition or abrasion that is a result of actual or
identified differences or conflicts (www.businessdictionary.com). Is a natural part of
working in a team. Sometimes a conflict, if dealt with professionally can lead to great
resolutions, as out of the chaos can come great creativity ( good ideas can become
great). Although, the conflict can be good but genuinely team working in harmony
perform better. (Michael Armstrong, 2006). To be in an effective member of a team,
you need to be mindful why conflict occurs and the question to ask yourself in order
to find a resolution. It can also be described as opposition to agreement by which
parties included realize risk to their interests and needs and also to concern.
(www.ohrd.wisc.edu). There are many types of conflicts; an example is the dispute
among the NHS employers ,British Medical association (BMA) and the government
with contract of joining of new junior doctors. BMA is trying to achieve the best
possible deals for junior doctors. Jeremy Hunt the Health secretary believes in the
seven days NHS contract. There are more possible deaths over the weekend due to
NHS staff shortage. ‘After joining of 30 days ,’The absolute risk is 1.32%, difference
of 16% is very samll in absolute risk (Margaret Mc Cartney, GP).
In september 2015 BMA come up with junior doctors loosed up to 40% from the
payment because the amount of hours they will no longer count with unsocial hours.
The mximum hours will reduce from 90 to 725 a week. In September 2015, BMA
decided to balance junior doctor in England for strikes. Jeremy Hunt decided 11%
increase in basic pay, BMA still claim 30% pay up. In November, they turn up of
76.2% (union election) and 98% of junior doctor voted for strike. Another strike
supposed to take action on 1st of December. From 1st of December BMA decided to
move it to 12 January 2016. In all this time, the doctors actually did only emergency
treatments. The important parts of final contract was relised: if doctor made doctors
work for unsafe hours, there was a big financial penalties the have to pay. Those
penalties will be arbitrated by something called guardian of safe working hours which
are appointed by senior members of staff. The role of guardian was completely
unnecessary as the computers was easily could do. Another part of contract was the
removal of automatic pay progression (maternity of phd research, they not longer get
the pay rise). The only reason of Guardian contract, was so the Government could
squeeze more time out of doctors. The Government send an report: ,,There are
features of the new contract, that impact disproportionately on women (Government
equality report).
Consultation method is used for the research and to solve disputes (Ronald J.
Fisher, Department of Psychology, University of Michigan). This involves third party
in the conflict. From the above conflict, NHS employers and BMA forms the third

party in this conflict. They tried to solve the conflict between the junior doctor’s
contracts and government.
Jim Campbell, the director of world organization said that, the most talking in the
contract was increasing the social hours. The Government are asking doctors to
work normal hours up to 9 PM on normal days of the week and through most of
Saturdays and a bit of Sundays. Compare to any stores, where the employers are
getting paid time and a half for working on Sundays, that’s not fair on doctors to don’t
deserve that treatment.
For continuously oppsosing to agreement with government,BMA members voted for
strike in November 2015. After various strikes, in May 2016 a new contract got
agreement. With two strikes consecutively in the months of January 2016 and
February 2016, health Jeremy Hunt's secretary accepted to launch new contract in
August 2016 which led to incresae in number of strikes by the third party. However,
the BMA, employers of NHS and secretary of health agreed for a contract which
was newly constructed on May 18, 2016. Votes of junior doctors was against the
decision, the government decided to announce it. More pressure were mounted by
the junior doctors as they took the conflict to court were the court’s decision was
against their favour. This pushed the junior doctors to go on strike again but they
were stopped by the BMA with reason that the notice was too short and will not be a
good one to ensure patients safety.
The interference of the BMA where ways of negotiations with the government to see
into junior doctor’s problem. Junior doctors were not satisfied with the agreed
decision between BMA and the government, yet the BMA were still behind the junior
doctor’s opinion of disagreeing with the court’s decision. Negotiations are still going
on to resolve this conflict. To conclude, from this conflict, negotiation method in this
situation is recommended as the junior doctors and the government would have to
agree to resolve the conflict for all the parties to be happy. This will take longer time
but it will be good in this case for the interest of the victims of this conflict who are
the patients to be safe.
2.2 IMPACT OF THE ABOVE CONFLICT
The above conflict led to many strike actions and the impact of these strikes was as
follows. Firstly, one million appointments and 125,000 operations were affected by
the BMA strike (Telegraph, 1st September 2016). The conflict also resulted to
hospital appointment being postponed thereby causing worries, distress and anxiety
for families to be moving up and down in the country (Jeremy Hunt, BBC News, 31
August 2016). The conflict have also affected the UK citizen psychologically as they
are frustrated with the constant strike be the BMA, NHS employers and the junior
doctors. The age people have also been affected by the conflict because it has
resulted to more than one million age people not receiving the social care they need.

Children with mental disorder increases every year, thus the strike will worsen the
situation. About three quarter of pregnant maternity women are not having constant
overnight care because of the conflict. The strike led to understaffing in hospitals
during weekends which is eventually responsible for 11,000 deaths in hospital
according to research but to say these deaths are avoidable will be rash and
misleading. This is making doctors, think twice before choosing profession and
country. Also it has a serious impact on NHS almost disastrous, it can actually break
the NHS pushing us towards private healthcare obviously a much more expensive
option. Pushing doctors to work to many hours can result unnecessary tiredness,
that leads to mistakes which ultimately can cost ones life. The only way to help
doctors manage their jobs the best they can is to consider industrial action. Nobody
really want this, especially doctors, but this could well be the only way to save NHS
in England.
2.3 Effective procedures followed by both parties.
We need to understand the actual course of the conflict and examined both parties
reaction in regards to the problem. Following a high profile debate and industrial
action, a new contract was put in place by the government because NHS employers
have said that the old contract was not fit it purpose for junior doctors. The BMA
drew up a comparison contract for junior doctors and the government came up with
their own while the NHS employers also drawn up their own. There was a lot of
disorder as junior doctors were not happy with government new contract decision
and had to go on strike. There were much disparities in different hospitals, different
specialities and different management system, thus there was no way to quantify
what the actual impact on the junior doctors as their actual pay and working
conditions were greatly affected. Pay according to the new contract was going to
change in a number of ways as well as working hours as explained in the conflict. In
july doctors voted for reject the agrrement based on a number of reasons. They
needed protection and security guard at the working place, the policies and rules on
them not full time work less work and treating as working weekend ( Junior doctors’
committee).
The procedure followed by both parties was just a normal one that most conflict
follows. The junior doctors did not immediate went on strike but allowed their trade
union body legally controlling them to first handle the satiation. The government on
their part did not work also directly with the junior doctors but with their trade union
body to resolve the conflict. This lead to good negotiation between the BMA and the
government though the junior doctors were not satisfied with their agreement. Also,
the junior doctors followed a legal action by taking the matter to court and the
government respected their decision as not forceful act were taken to solve the
problems and issues. The employers of NHS, junior doctors and BMA strikes were
peaceful and they all shared common interest towards their profession as per the

new contract put up by the government. Note that the conflict is not yet resolved as
negotiations are still going on by the parties to resolve the conflict.
3.1 The Role of Negotiation in Collective Bargaining.
Peoples settled the difference by the negotiation. For contract or compromise is
retrieved by ignoring statements using procedure. In any singles understanding and
without any cotract goal to retrieve for best solution of thier level .
(www.skillsyouneed.com).
1. The procedure of negotiates wages and other things of workers by in an
systematic personality of them is collective bargaining (www.google.co.in).
This collective bargaining makes a place for worker and teams of workers
when the probles are arise in the process of negotiation. In bargaining
procedure , whole workers exist to present union members whenever probles
are arise.The problems as working statements are often regulate,When the
Contarct is retieved .The output of collective bargaining contract ,it is an
agreement for the governing the workers problems.
Negotiation plays a vital role in collective bargaining to resolve conflict between two
parties in disagreement. Firstly, workers observed by negotiation in who are not
member of labour union is oftenaly have good statements for working, wages and
profits on packages . The above conflict case between junior doctors and the
government, the BMA and NHS employers are negotiating good pay and better
working conditions for junior doctors from the government. Furthermore, a
negotiated agreement in collective bargaining provides a sense of security. The
junior doctors needed a safety working role as the new contract by the government
did not favour their working safety. Again, rules for negotiation in is puts pressure
on this bargaining the parties in the conflict for workers practice it is an act for good
faith. The BMA agreed with the government on a new contract for junior doctors
but they were not satisfied with the agreement and so proceeded in court which
rulings was not in their favour, thought they plan to strike again on the matter, their
trade union body (BMA and NHS employers) are still assisting them to resolve the
conflict. Moreover, a clear define policies of negotiation reduces uncertainty. In the

junior doctors’ case, there was uncertainty in the negotiation between the BMA and
the government because the policies in the agreement did not satisfy them, result of
their continuous strike. Finally, negotiation in collective bargaining leads to a fair
and effective grievance procedures. With our example above, though the junior
doctors are still in grievances with the government, with the consultation by the
BMA in negotiating the conflict will result to a fair and effective outcome.
At the negotiation table, Jeremy Hunt, announced that there has been serious
progress made on over a hundred different points of discussion and 90% had
already been agreed with BMA. Despite all those and the Government flexibilities to
discuss the Sturday pay in the very last minute all those negotiations has come up
to an end. In his speech in the House of Commonce, Jeremy hunt says that a
negociated solution to BMA consens with the Government proposals is not
realistically possible, ending this uncertainty and introducing the new contravt will
guarantee fearness for NHS doctors and safety for patients.
3.2 Assessing the Impact of Negotiation in Collective Bargaining.
Negotiations have always played an effective role in collective bargaining when
disputes are concern. The BMA in negotiating between the junior doctors and the
government, though still on going, have effectively played a big role in resolving the
conflict. Firstly, they initiated peaceful strikes which lead to government actions in
the situation. There was an agreement between the BMA, the health secratary and
workers of NHS to draw up fresh agreement the 18th of May 2016. The BMA also
played an effective role in suspending the strike organised by the junior doctors
after they disagreed with the new contract agreed by their trade union body and the
government. BMA again continued to mount pressure to the government to see into
junior doctors’ situation after the court ruled against their favour as they plan to go
on strike again between the month of October and December.2016. This shows a
collective bargaining in trade unionism. The BMA are also concern with their
patient’s life thus developing negotiation strategies to resolving this conflict in a fair
and effective manner to avoid more strikes and disputes from the junior doctors.
(Claire Milne). Jeremy Hunt, believes that there are thousands of people dying
unecessarly across the UK, due to the lack of cover in case of emergency and

weekends. Juniors doctors in England are unhappy with changes to pay and
working hours. There are fifty five thousands junior doctors in England. The
Government imposed hours are Monday to Friday from 7 AM to 7 PM, with anything
over that paid extra. Government also had agreed to rise the basic wages by 13.5%
in exchange to extend working hours to 10 PM Monday to Friday and Saturday
also. After two strikes and long negotiations the Government said, that this is its
final offer and the new contract will be imposed. The ones to lose out are junior
doctors as they are working long and unsociable hours.
The new contract are being considered succesed by the junior doctors, as they
don’t offer any cover in case of pregnancy related time of. It does almost nothing to
fill in the rota gaps which are occurring on daily basis across the whole UK. Bottom
line, a realistically approach to mending the situation is by realising necessary
found into the health system and not just requiring or asking the impossible.
Junior doctors do feel humiliated, demoralised and cheap by this ongoing dispute
and they believe that the best he can actually do is to resign.
References
Cully et al.1999:57; Kaufman 2008:317
Ackers and Patne 1998:540
Kessle and Purcell 2003:315
A history of British Trade Unions since 1889
Dzimbiri 2008:2, and Kitay & Merchington 1996:1267
Dzimbiri 2008:3 and Giles 1989:131
Michael Armstrong, Human resource management practice, 10th edition, 2006
Ellen McCourt, chair of the BMA junior doctors’ committee
Telegraph, 1st September 2016
Article by Smriti Chard
Jeremy Hunt, BBC News, 31 August 2016
1891 Beatrice Webb, founder of industrial relations in Britain
www.skillsyouneed.com

www.google.co.in
www.businessdictionary.com
Edwin B. Flippo