BMA faces threat of legal action after official calls for other unions to join junior doctors' strike

Dr Yannis Gourtsoyannis calls for 'activists and trade unionists' across country to 'turn up on the days of action' 

Oliver Wright
Political Editor
Thursday 07 January 2016 19:10 EST
Comments
Thousands of doctors take part in a demonstration in Westminster, central London in support of junior doctors over changes to NHS contracts
Thousands of doctors take part in a demonstration in Westminster, central London in support of junior doctors over changes to NHS contracts (Rex)

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Britain’s doctors union was last night facing the threat of legal action after one of its senior officials called on other union members to join them on the picket lines when they go on strike next week.

In an article on the British Medical Association’s website Dr Yannis Gourtsoyannis, a Member of BMA’s Junior Doctors Committee, called for “activists and trade unionists” across the country to “turn up on the days of action” and support junior doctors picketing major hospitals.

Under the Trade Union and Labour Relations Act such secondary picketing by union members not directly involved in the dispute is illegal.

“We invite you to come out and display your visible support for us on the days of action,” Dr Gourtsoyannis wrote.

“A victory for the Junior Doctors would signify the first real crack in the entire edifice of austerity in the UK.”

A link to the article was tweeted out from the main BMA Twitter account. The call has elicited a furious response from NHS employers who have now written to the BMA warning that such a move would be illegal.

“Dr Gourtsoyannis is clearly addressing his comments to staff who have not been balloted and are not a party to this trade dispute," said Danny Mortimer, Chief Executive of NHS Employers.

“His comments on picketing are a clear breach of the Trade Union and Labour Relations Act and also contrary to the guidance which the BMA has itself published on its own website.”

He added: “I would urge you to now ensure that this statement from Dr Gourtsoyannis is removed immediately from your website.”

A BMA Spokesperson said: “It is perfectly legitimate to encourage the public to show visible support for the BMA’s lawful day of industrial activity. The BMA does not and has not endorsed any form of illegal activity.”

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