NHS – #JuniorContract – That threat of imposition

whistlingdixietalk's Blog

Junior doctors have been crying out injustice for over two months now. The idea of an imposed contract has, unsurprisingly not been met with a warm reception and so in addition to a plea for genuine opportunity to negotiate, The BMA have been clear that withdrawing this threat is crucial for progress. Personally, I have been pretty vocal about my negative feelings regarding the idea of an imposition….but is it reasonable?

Employment law makes it clear that unilateral imposition of a contract on employees is a last resort and to play this game puts the employer at risk of legal proceedings for constructive dismissal, breach of contract and unfair deduction of wages. If an employer however genuinely believes they are unable to reach agreement, they reserve the right to serve notice and offer re-employment under the new contract terms. The central value however remains that this can only be condoned…

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