Doctors should be banned from taking strike action in the same way as police, soldiers and prison officers, Conservative leader Kemi Badenoch has declared.
In a hard-hitting intervention, Ms Badenoch said a future Conservative government would introduce new legislation to prevent doctors from mounting strike action, as part of a wider plan to protect public services. She also challenged Keir Starmer to follow suit.
Speaking on Camilla Tominey’s GB News programme, Ms Badenoch accused the British Medical Association (BMA) of being “out of control” following 11 walkouts in the past 18 months, which she claimed have cost lives.
“The BMA has become militant, these strikes are going too far, and it is time for action,” she said.
“Doctors do incredibly important work. Medicine is a vocation – not just a job. That is why in government we offered a fair deal that supported doctors, but protected taxpayers too.
“These strikes will have a significant economic effect, but they will also mean cancelled operations, worry for families of the sick, and suffering for those who are unwell. We know that previous strike action by doctors even led to some patients losing their lives.
“That is why Conservatives are stepping in, and setting out common sense proposals to protect patients, and the public finances. And we are making an offer in the national interest – we will work with the Government to face down the BMA to help protect patients and the NHS.”
Her remarks come amid a fresh five-day strike by resident doctors, despite junior medics having already secured a 28 per cent pay rise from the Labour Government.
Currently, professions such as police, the military, and prison officers are legally prohibited from striking under the Trade Union and Labour Relations (Consolidation) Act 1992. The Conservatives now plan to extend this restriction to doctors by amending the same legislation.
Doctors would still be able to unionise through the BMA, in the same way police are represented by the Police Federation, and could take limited action short of striking, such as working to rule or refusing overtime.
The party also plans to introduce mandatory minimum service levels across essential sectors, including health, education, and transport. This would guarantee a basic level of service during industrial disputes.
A Conservative spokesman said the proposed measures would bring Britain in line with countries such as Australia and Canada, which have much tighter restrictions on medical strike action. Similar laws exist in European nations such as Greece, Italy and Portugal.
The latest walkout by junior doctors began on Friday, piling further pressure on the NHS and renewing fears over patient safety and treatment delays.
Legal experts warn that any attempt to restrict strike action by doctors could face court challenges under human rights law. Article 11 of the European Convention on Human Rights protects the right to freedom of assembly and association, including the right to form and join trade unions. Lawyers could argue that this implicitly includes the right to strike.
Police officers have been banned from striking since 1919, when the Police Act made it a criminal offence. Armed forces personnel are also barred from unionising or industrial action under the King’s Regulations. In past strikes, military personnel have been deployed as emergency support staff in hospitals and ambulances.
The proposed Conservative legislation would limit strike rights for all doctors, including resident doctors, by exempting them from sections of the 1992 Act that currently regulate industrial action. The party is also considering the introduction of “back-to-work orders,” similar to those used in European countries.
Under Australia’s Fair Work Act 2009, the Fair Work Commission must suspend or terminate strike action that endangers public safety or welfare. The UK currently has no such automatic mechanism, employers must apply to the High Court for an injunction to stop industrial action.
Shadow Health Secretary Stuart Andrew echoed the call for firm action, saying: “The Conservative Party has always respected the important work that healthcare professionals do, but enough is enough.
“The BMA has taken our NHS hostage and used this Labour Government’s weakness to demand more and more – with taxpayers and patients left to suffer the consequences.
“As our health service faces yet another round of damaging strike action, the Conservatives are calling time. If Labour were serious about cutting waiting lists and delivering the health system our country deserves, rather than just kowtowing to the unions, they would back our plans.”
