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Is binding arbitration the way forward in the junior doctors’ contract row?

As we enter the second day of the latest strike over the imposition of the controversial junior doctors’ contract, a leading industrial relations advisor has suggested binding arbitration may be the best way forward to settle the dispute.

Yesterday the government said that the all-out strike was ‘inappropriate’, but public support still remained high for junior doctors. There were calls, once again, from politicians and royal colleges for both parties to get back to the negotiating table.

However, Andy Cook, the founder of the Employee Relations Institute (ERI), who has worked with governments, FTSE 100 Boards, and some of the UK’s biggest employers on strategy and policy relating to labour, employee and industrial relations, said there is no question that as time goes on, all parties to this dispute will become more and more entrenched, with neither wanting to be seen to back down.

“In my view, there is a clear case for binding arbitration from an independent expert who would make a decision on how to move forward,” he said, adding that binding arbitration in this instance doesn’t mean that one side has won or lost. This is something which may appeal to both sides.

“The issue with anything that is binding is that it makes people nervous as they then have no get-out – they are stuck with the decision – and a majority of disputes are solved through negotiation and eventual agreement,” said Cook.

“In the case of the doctors dispute, it does not seem that any resolution is close, especially given the complex web of personality, politics and public service that are interwoven. Surely, this is one of the exceptional cases where an intervention is needed.”

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