As part of the BMA’s work to inform and support the decisions of Junior Doctors regarding undertaking industrial action, we have sought and obtained the legal position that has been outlined below as to the legal responsibilities for those junior doctors who work in the UK under visas
The BMA, alongside this advice, can commit that we will not undertake any form of industrial action that will negatively impact the legal status of a worker’s visa – either future or present. These actions will also be protected under trade union law, with further guidance available on our website to address any concerns from members as to how this may apply to them.
As part of this work, and throughout any period of industrial action, we can assure you that the BMA will, regardless of the form of industrial action, take measures to protect junior doctors participating in industrial action, and will defend our members from unlawful action by their employer due to lawful industrial action.
This includes our immigration advisory services that can provide members with individual advice tailored to their circumstances, and ensure, where needed, you are provided with advice should any employer engage in any illegal action to prevent your lawful participation in industrial action, or use any lawful participation in industrial action to in any way impact on your current and future visa applications.
The BMA has and will continue to support all doctors and, through this industrial action, will not only campaign vigilantly for junior doctors to be fairly paid, but will ensure the legal rights of these doctors are safeguarded.
There will be a webinar with our immigration legal team on 7 December where doctors will have the opportunity to ask questions on the legal position and responsibilities for junior doctors who work in the UK under visas. You can register to attend here.
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