The health secretary, Steve Barclay, has announced that he is taking legal action to challenge the lawfulness of the next NHS nurses’ strike in England.
This decision follows a request from hospital bosses. The Royal College of Nursing (RCN) plans to stage a 48-hour walkout from 30 April, but NHS Employers has advised that it would be unlawful.
NHS Employers believes that the ballots for the strike action closed at midday on 2 November 2022. As a result, the strike mandate would not cover any action taken on 2 May, which is the last day of the planned strike.
In a letter to Mr Barclay, Danny Mortimer from NHS Employers stated, “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.”
Response to the letter
Mr Barclay, in response to the letter, stated that he had “no choice but to take action” and pursue legal measures.
He further expressed concern that the strike action, without any national exemptions, could jeopardize patient safety, including emergency and cancer care.
He also highlighted that participating in unlawful activity could put nurses’ professional registration at risk and breach the nursing code of conduct.
The Royal College of Nursing (RCN) rejected the government’s pay offer for England of a 5% pay rise for 2023-24 and a one-off payment of at least £1,655 to top up last year’s salary, depending on staff grade, with members voting against it by 54% to 46%.
The RCN general secretary, Pat Cullen, accused the government of attempting to “silence nurses” through court action, calling it “nakedly political.”
She emphasized that court arguments should only relate to 2 May and not 30 April and 1 May, and expressed the desire to be in the negotiating room rather than the courtroom.
The planned walkout, scheduled 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.
During the nurses’ strike that took place on 6 and 7 February and on 18 and 19 January of this year, exceptions were granted to ensure the maintenance of nursing coverage in critical areas.