Heath secretary to ask court if next RCN nurses’ strike is lawfulon April 21, 2023 at 7:19 pm

The health secretary has said he is pursuing legal action over the lawfulness of the next strike by NHS nurses in England.

Steve Barclay’s decision to challenge the Royal College of Nursing’s right to stage a 48-hour walkout from 30 April follows a request from hospital bosses.

The RCN argues the strike falls within the required six-month period from when votes were cast.

NHS Employers says it has legal advice that the action would be unlawful.

If the court agrees then the RCN would not be protected by trade union laws and the strike may need to be called off.

NHS Employers says it believes ballots closed at midday on 2 November 2022, meaning action on 2 May – the last day of the planned strike – would not be covered by the strike mandate.

In a letter to Mr Barclay, NHS Employers’ Danny Mortimer said: “The advice that we have received makes clear it is highly likely that if the notices for industrial actions are incorrect in one respect, then they are incorrect in total and that the strike action for the entire period of 30th April to 2nd May is illegal.”

Responding to the letter, Mr Barclay said he had “no choice but to take action” and pursue legal action.

He said: “Strike action with no national exemptions agreed, including for emergency and cancer care, will also put patient safety at risk.

“This legal action also seeks to protect nurses who could otherwise be asked to take part in unlawful activity that could in turn put their professional registration at risk and would breach the requirements set out in the nursing code of conduct.”

But RCN general secretary Pat Cullen said the government was trying to use court action to “silence nurses”.

She said: “This is nakedly political. Nurses will not be gagged in this way by a bullying government.

“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.”

The planned walkout from 20:00 BST on 30 April to 20:00 on 2 May will involve NHS nurses in emergency departments, intensive care, cancer wards and other wards.

Nurses have already walked out twice this year – on 6 and 7 February and on 18 and 19 January – but on those dates there were exemptions, so that nursing cover was maintained in critical areas.