Health secretary Steve Barclay has said he will pursue government legal action over the Royal College of Nursing’s proposed strikes this weekend.
The RCN voted in favour of striking for 48 hours over the first bank holiday in May – from 8pm on 30 April to 8pm on 2 May. For the first time, this will include nurses in emergency departments, intensive care and cancer wards.
In a statement on Friday (21 April), Barclay said NHS Employers had asked him to check the legality of the action before the nurses’ mandate runs out in May.
This claim has arisen because the RCN ballot for industrial action ended at midday on 2 November 2022, and lasts for exactly six months. The RCN has said it will argue that this mandate lasts until midnight on 2 May.
He said: “Following a request from NHS Employers, I have regretfully provided notice of my intent to pursue legal action to ask the courts to declare the Royal College of Nursing’s upcoming strike action planned for 30 April to 2 May to be unlawful.
Nursing disputes
New nursing strikes confirmed by RCN union
“The government firmly believes in the right to strike, but it is vital that any industrial action is lawful and I have no choice but to take action.
“Strike action with no national exemptions agreed, including for emergency and cancer care, will also put patient safety at risk.”
According to reports, the legal letter says the government will seek “declaratory relief”, which means asking the courts to step in unless the union’s leadership advises members that the two-day strike is unlawful.
Pat Cullen, general secretary and chief executive of the RCN, said Barclay’s move was “nakedly political”, however.
“Nurses will not be gagged in this way by a bullying government,” an RCN statement said. “We are clear that court arguments should only relate to 2 May and not 30 April and 1 May.
“The government is now desperate to silence nurses rather than address this properly. We want to be in the negotiating room, not the courtroom.
“Bullying nurses and dragging us through the highest courts would not be a good look for the government. It would show utter contempt for nursing staff.”
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday
The RCN rejected the government’s pay offer of a 5% consolidated increase for 2023/24 and two one-off payments for the current financial year, while NHS staff represented by Unison accepted it.
HR opportunities in the public sector on Personnel Today
Browse more HR opportunities in the public sector
