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Anti-strikes bill could see nurses struck off, union warns

Controversial anti-strikes Bill could see nurses face fitness to practise charge by the regulator if it becomes law, says Unite
Picket line at the Royal Marsden Hospital in London

Controversial anti-strikes Bill could see nurses face fitness to practise charge by the regulator if it becomes law, says Unite

A picket line at St Thomas' Hospital in London Picture: Alamy

Union leaders fear nurses could be struck off for taking to picket lines over patient safety if the controversial anti-strikes Bill becomes law.

Unite said it is concerned that nursing staff who breach work orders put in place during industrial action could not only be sacked by their employer but later referred to the Nursing and Midwifery Council (NMC) over fitness to practise breaches if there is a change in the law.

Speaking at an NMC council meeting on 29 March, Unite’s lead professional officer for mental health Dave Munday said he and his colleagues believe the Strikes (Minimum Service Levels) Bill currently being considered in parliament could also have a serious impact on patient safety.

Restricting the right to strike could see more nurses quitting NHS, says Unite

He fears that removing the right to strike could lead to an exodus of staff who feel silenced and increase ‘action short of strike’ where members strictly work only their contracted hours, putting patient safety at risk.

Mr Munday asked council members whether the NMC would be joining others in consulting the government on the implications of the Bill, given that it has a duty to protect the public.

But NMC chief executive Andrea Sutcliffe told Mr Munday that although the council supported registrants' right to take part in lawful industrial action, it was up to government to decide the law.

Speaking to Nursing Standard, Mr Munday said he was disappointed by the response and warned that removing or restricting the right to strike – a last resort for most employees – would see even more nurses ‘heading to the exit’ as the NHS in England faces almost 44,000 nursing vacancies.

It is unclear if the NMC would accept fitness to practise referrals related to strikes if the bill was passed.

Picket line at the Royal Marsden Hospital in London
Picket line at the Royal Marsden Hospital in London Picture: John Houlihan

TUC says Bill would remove significant protections for individual workers, exposing them to risk of dismissal

Mr Munday said: ‘People who work in the NHS need to feel that they can have recourse when they are being ignored or worse, poorly treated.

‘If this Bill passes into law will we have a situation that registrants will not only face the sack for fighting for safe services, but also face their regulator and be at risk of losing their registration?

‘If they cannot use legitimate means to voice their concerns then people may feel to escape is all that is left for them to do. In a health service that already has 124,000 vacancies, efforts should be being made to retain, people not push them as hard as possible to the exit door.’

Nursing Standard has asked the General Medical Council (GMC) if it will be consulting the government on the Bill.

On 1 April the Trades Union Congress (TUC) issued a statement from legal experts that said the law would give the government unfettered powers.

It added: ‘The legislation also removes significant protections for individual workers exposing them to the risk of dismissal and victimisation.’


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