Nurses’ strikes cut short as Barclay wins court challenge
Posted 27 April 2023 - 13:26
High Court rules that RCN must end this weekend’s strikes a day early as judge agrees with Steve Barclay that the timing exceeds the union mandate
Nurses’ strikes planned for this weekend will be cut short after the government won a legal challenge against the RCN.
The government took the college to the High Court today (27 April), claiming the final day of its planned walkout between 30 April and 2 May was unlawful.
High Court judge Mr Justice Linden agreed with the government’s argument that the RCN’s strike mandate from 2 November 2022 would lose its legal standing at 11.59pm on Monday, 1 May.
He said nurses striking on 2 May would not be protected by the law and any strikes on the day would be ‘actionable’. The strikes will now take place from 8pm Sunday, 30 April to midnight Monday, 1 May.
RCN accused the government of undermining the college and wearing down its members
The legal action was brought after NHS Employers called on health and social care secretary Steve Barclay to intervene, arguing that action from midnight up to 8pm on 2 May fell after the expiry of the RCN’s legal strike mandate
The RCN insisted the planned action was lawful but did not send a legal team to court. Instead, it submitted a witness statement accusing the government of undermining the college and wearing down its members.
Andrew Burns KC, who was representing the government, described the union as ‘incompetent’ and suggested it was ‘working to get themselves out of the hole they have managed to get themselves into’.
The college informed the government and court on 26 April of its decision not to send lawyers to represent it in court on following an emergency meeting of its council, Mr Burns KC told the court.
Following the ruling the RCN said the government had ‘lost nursing and the public’.
RCN general secretary Pat Cullen said: ‘The full weight of government gave ministers this victory over nursing staff. It is the darkest day of this dispute so far, the government taking its own nurses through the courts in bitterness at their simple expectation of a better pay deal.’
Barclay calls on the RCN to go one step further and agree derogations
Mr Barclay called on the RCN to go one step further and agree derogations for its strike action this weekend.
He said the government could not stand by and let ‘plainly unlawful’ strike action go ahead.
‘We took this step with regret to protect nurses by ensuring they are not asked to take part in an unlawful strike,’ he said.
NHS Employers chief executive Danny Mortimer said: ‘Clarity has now been achieved, not least for RCN members, and the judge has confirmed the position we set out last week: any strike action occurring on 2 May would be illegal.’
The RCN was ordered to pay £35,000 in legal costs. Lawyers representing Mr Barclay sought £47,885 in costs but Mr Justice Linden said they were too high.
Shame on the High Court for their decision. Shame on Steve Barclay. Shame on the Conservative Party for killing the NHS. #RCN #NurseStrikes https://t.co/SfFyJgR2K5
— MyTwoPennies #FBNHS (@Kez31788860) April 27, 2023
Today, we unite in support of our #NHS nurses! 💙 They deserve more than facing legal threats from @SteveBarclay to halt strikes.
— Just Treatment 💊 (@JustTreatment) April 27, 2023
💥🥁📢TALKS NOT COURTS!🥁📢💥#RCN #SafeStaffingSavesLives #TalksNotCourts #FairPayforNursing pic.twitter.com/a3dpIBgL80
3 years ago, the government clapped for us. Now they’ve successfully cut the nursing strikes short. Rather than negotiate, they threaten, intimidate and use the legal system to silence us. A dark day for workers in the UK. https://t.co/rDHH89Bfbn
— Maxine Wade 🐀 🐀 (@MaxineWade) April 27, 2023
📣 We cannot stress how important this is - pickets on Monday 1st need to be as big and loud as we can make them!
— NHS Workers Say NO! (@NurseSayNO) April 27, 2023
If you were unsure about striking, please take action in your trust!
If you are not in a trust with a mandate, support your closest picket. https://t.co/Dc7KLIKxwG
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