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Nurses to face court battle over right to strike on 2 May

‘A last-ditch attempt to silence us’: RCN criticises health and social care secretary Steve Barclay’s decision to challenge the legality of planned May bank holiday walkout

‘A last-ditch attempt to silence us’: RCN criticises health and social care secretary Steve Barclay’s decision to challenge the legality of planned May bank holiday walkout

A photo of RCN general secretary Pat Cullen alongside a photo of health and social care secretary Steve Barclay
RCN general secretary Pat Cullen, left, says the college will fight legal action initiated by health and social care secretary Steve Barclay, right Pictures: John Houlihan and Alamy

The government has confirmed it will take the RCN to court, after claiming part of its planned walkout over the May bank holiday weekend is illegal.

Health and social care secretary Steve Barclay said he was ‘regretfully’ applying to the High Court to declare strike action on Tuesday, 2 May as unlawful. The court proceedings are expected to take place at 10.30am on Thursday 27 April.

RCN criticises government over challenge

‘Despite attempts by my officials to resolve the situation over the weekend, I have been left with no choice but to proceed with legal action,’ Mr Barclay said.

It comes after NHS Employers claimed the final day of the planned 48-hour walkout between 30 April and 2 May was illegal.

The RCN insists the strike falls within the permitted six-month period from when its industrial action ballot results were announced last November, and says it is prepared to fight its case in court.

In an email to RCN members in England, the union slammed the government’s ‘draconian’ use of anti-trade union legislation.

RCN chief prepares to stand up to ‘indefensible bullies’

General secretary Pat Cullen said: ‘We told the government this is wrong and indefensible. The only way to deal with bullies is to stand up to them – including in court.

‘It’s so wrong for the government to use taxpayers’ money to drag our profession through the courts. We’re determined to show that the nursing profession is strong and determined and defend our members’ right to strike.’

Ms Cullen on the picket line at Sheffield Hallam Hospital, Sheffield, during recent strike action Picture: John Houlihan

Ms Cullen confirmed the college would have ‘no choice’ but to cut short the strike action if the court found in favour of the government.

Nursing Standard readers shared their views on the row on social media.

Health and social care secretary brands 2 May strike ‘plainly unlawful’

NHS Employers asked Mr Barclay to intervene because it did not have the legal standing to launch the challenge on behalf of NHS trusts, the Department of Health and Social Care said.

In a letter to Mr Barclay, NHS Employers chief executive 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 30 April to 2 May is illegal.’

But the government confirmed on 24 April it would only challenge the 2 May strike action, not the full 48 hours, as ministers had previously suggested.

Mr Barclay added: ‘I firmly support the right to take industrial action within the law – but the government cannot stand by and let a plainly unlawful strike action go ahead, nor ignore the request of NHS Employers. We must also protect nurses by ensuring they are not asked to take part in an unlawful strike.’

The RCN is preparing to ballot members next month on a further strike mandate for June-December this year, covering both the 2022-23 and 2034-24 pay years.

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