NHS Strike Pay Explained: What Happens to Your Pay

Last updated: 28 September 2026 · Figures verified against the NHS Employers 2026/27 pay circular.

By the NHS Bands Pay editorial team

Strike days are unpaid: the basic rule

The starting point is simple and applies across the UK workforce, including the NHS: there is no legal right to be paid for a day on which you take strike action. A strike is a breach of the employment contract (withholding your labour); statute then protects you from dismissal for that breach in the circumstances described below, but it does not require the employer to pay you for work you did not do.

Your employer is therefore entitled to deduct pay for strike days, and NHS trusts routinely do. The deduction appears on your payslip, normally in the pay period covering the strike dates. Strike pay from a union (paid from union funds to members) is a separate matter between you and your union — it is not wages from your employer and its availability and amount are for the union to determine.

How the deduction is calculated

There is no single NHS-wide deduction fraction — the method depends on your contract and local payroll practice. Points to be aware of:

• A common default for staff on annual contracts is 1/365th of annual salary per strike day, unless contractual terms provide otherwise. Some contracts or local agreements use a working-day divisor instead (for example 1/260), which produces a larger daily deduction — so the divisor matters.
• Check your trust's stated position: many trusts publish the deduction basis in their industrial-action guidance before a strike.
• Part-time staff are deducted pro rata to the hours they would have worked.
• Unsocial-hours enhancements for the strike day are not earned, since the underlying hours were not worked.

Illustrative figures if the 1/365 default applied (2026/27 England rates, full-time):

These are illustrations of one possible method, not your trust's actual deduction — confirm the divisor your payroll uses. For context on what a day's pay is worth in normal circumstances, see our NHS pay dates guide on how monthly salary is calculated.

Ballot thresholds

Strike action is only protected where the union has held a lawful ballot meeting the statutory thresholds. The position in England, Scotland and Wales:

• Turnout: at least 50% of those entitled to vote must cast a vote.
• Important public services: in specified important public health services in England and Scotland, at least 40% of all those entitled to vote must vote in favour — an additional hurdle on top of the turnout requirement and a simple majority.
• Ballots must be postal (electronic balloting pilots have been legislated for), and strict rules govern the ballot paper, the voting period and the notice given to employers before action.

Employment law in this area has been subject to reform under the Employment Rights Act 2025, with changes being phased in — so treat the thresholds above as the position reflected in current guidance and check Acas or GOV.UK for the rules in force at the time of any ballot. If the ballot does not meet the legal requirements, the action is unprotected and participants lose the dismissal protections described below.

Legal protections for strikers

Where strike action is lawful and properly balloted:

• Employees are protected from dismissal for taking part, within the statutory protected period.
• It is unlawful to subject a worker to a detriment (such as denial of promotion or training) for participating in lawful industrial action.
• The protection does not cover unofficial action — action not endorsed by the union through the proper procedures — where dismissal rules are much harsher.
• Protection is also lost for action taken outside the lawful ballot mandate, such as striking after the mandate has expired.

These are general statements of the legal framework, not advice for any specific dispute. Union representatives and employment advisers can explain how the protections apply to particular circumstances.

Action short of a strike

Industrial action is not always a full walkout. Action short of a strike includes working to rule, overtime bans, refusing to cover certain duties, or boycotting particular tasks. The pay position here is more complex:

• Employers may respond by withholding pay — in some cases full pay for the days of partial performance, on the basis that the employee is not fulfilling their contract.
• The law on partial performance and "acceptance" of it is technical, and outcomes depend heavily on the specific facts.
• Because the financial exposure can be greater and less predictable than a straightforward strike-day deduction, take union advice before participating in action short of a strike.

Pension, leave and other effects

• Pension: unpaid strike days reduce the actual pensionable pay for the period, which in turn reduces both your pension contributions and accrual for those days. The effect of a single strike day on a career-average pension is small, but it is real.
• Annual leave: leave needs your employer's agreement — it cannot be taken unilaterally on a strike day to avoid the deduction. Leave already booked and approved before the strike was called is normally unaffected.
• Sick leave: if you are genuinely sick on a strike day, the normal sickness absence rules apply. Sickness reported on strike days can be scrutinised, so follow the usual certification procedure.
• Continuous service: a day of lawful strike action does not break continuity of employment, which matters for service-linked entitlements such as redundancy pay qualifying periods.
• Pay awards: annual Agenda for Change uplifts apply to staff regardless of strike participation — taking action does not affect your contractual right to the pay award.

Practical points before a strike day

• Check the deduction basis your trust will use, so the payslip figure is not a surprise.
• Budget for the deduction — it comes out of a single month's pay, and multiple strike days in one pay period add up (five strike days at Band 5 top on the 1/365 basis is about £535).
• Derogations and life-and-limb cover: in NHS disputes, unions and employers typically agree exemptions so that emergency and critical cover continues. If you are rostered for derogated cover, different arrangements apply — follow your union's instructions.
• Do not work your normal duties on a strike day if you are participating — working undermines the action and can create contractual confusion. Picketing itself must be peaceful and within the legal limits on numbers and behaviour.
• Keep records — ballot communications, the dates you participated, and your payslips — in case of any dispute about deductions.

Frequently asked questions

Do NHS staff get paid on strike days?

No. Strike days are unpaid — your employer is entitled to deduct pay for days you take lawful strike action. The deduction method depends on your contract and local payroll practice.

How much pay is deducted for a strike day?

There is no single NHS-wide fraction. A common default for staff on annual contracts is 1/365th of annual salary per strike day, unless contractual terms provide otherwise — check your trust's position.

What ballot thresholds apply to NHS strike action?

In England, Scotland and Wales, at least 50% of eligible members must vote. In specified important public health services in England and Scotland, at least 40% of all eligible voters must also vote in favour. Ballot law is subject to reform, so check current Acas guidance.

Can I be sacked for going on strike?

Employees are protected from dismissal for taking part in lawful, properly balloted strike action, within statutory time limits. Dismissal for unofficial action or action outside those protections is treated differently under the law.

Do strike days affect my NHS pension?

Unpaid strike days reduce the pay on which your pension contributions and accrual are based for that period, since both are calculated on actual pensionable pay received.

Can I take annual leave instead of striking?

Annual leave needs your employer's agreement — it cannot be taken unilaterally on a strike day to avoid the pay deduction. If leave was already booked and approved before the strike was called, the normal leave rules apply.

What is action short of a strike?

Industrial action that is not a full walkout — for example working to rule, overtime bans or refusing certain duties. Employers may withhold pay in response, and the legal position on partial performance is complex, so union advice is important.

Sources and independence

Source: Acas — industrial action guidance.

Source: GOV.UK — taking part in industrial action and strikes.

NHS Bands Pay is an independent information website. It is not affiliated with, endorsed by, or acting on behalf of the National Health Service, any trade union or any employer organisation. This page describes the legal framework neutrally and takes no position on any industrial dispute. It is general information, not legal advice.