NHS attempts to block nurses’ plans to strike in early May

RCN defends validity of one of the strike dates in upcoming industrial action and says it will fight legal challenge by NHS Employers

The NHS has launched a legal challenge to block part of the nurses’ strike action planned for the May bank holiday.

NHS Employers wrote to the RCN on 20 April warning that the final day of the upcoming strikes, 2 May, falls outside the college’s six-month mandate for industrial action. The RCN said it will ‘forcibly resist’ efforts to seek a high court injunction to block the strike, which it insists is lawful.

NHS challenges legality of planned strike on 2 May

The college announced a 48-hour walkout without derogations in England from 8pm on 30 April to 8pm on 2 May, after members rejected the government’s latest pay offer for staff in the country of a 5% pay rise for 2023-24 and a one-off payment for 2022-23.

• RELATED: Nurses brace for more strikes as RCN members reject 5% pay offer

By law, strike action by any union in England can only be held within six months of the results of a statutory ballot on industrial action. NHS Employers said because the RCN’s ballot for industrial action ended at midday on 2 November 2022, its mandate for strike action is only valid until midnight on Monday 1 May.

NHS Employers chief executive Daniel Mortimer said: ‘We have therefore asked the RCN to amend its guidance to its members regarding any action planned for Tuesday 2 May. We are in ongoing exchanges with the RCN on this matter.’

But in a letter to NHS Employers, the RCN cited a 1995 mining dispute to argue that its strike action on 2 May is legal and could lawfully be extended until midnight. The college said it would be prepared to fight its case in court.

• RELATED: Nurses’ pay dispute: what are the next steps and key dates?

RCN will ‘robustly’ defend members’ right to strike on 2 May

The RCN’s chief lawyer wrote that in the case of RJB Mining (UK) Limited v National Union of Mineworkers, the Court of Appeal had ruled the four-week period for industrial action, as it was when the mining strike was held, finished at the end of the final day.

‘Furthermore, the law does not recognise part of a day and a day extends until its last moment, namely midnight,’ he wrote.

RCN director of legal services and member relations Jo Galbraith-Marten said: ‘It is regrettable NHS Employers have chosen to make this eleventh-hour challenge and if this matter does progress to court, we will have to defend it robustly.

‘In the meantime, our plans remain and we will continue to work with employers to find a way forward. If a court determines the action on Tuesday 2 May is not covered by the mandate of our ballot, we will advise members accordingly.’

• RELATED: ‘Reckless’ unions are targeting vulnerable patients, say MPs

New pay ballot will determine further strike action

This afternoon (21 April) NHS Employers wrote to health and social care secretary Steve Barclay asking him to ‘intervene and to seek the view of the courts’ on whether the RCN’s planned strike action is legal.

In response RCN general secretary Pat Cullen said: ‘Bullying nurses and dragging us through the highest courts would not be a good look for the government. It would show utter contempt for nursing staff. We will make the case for the legality of our action in all forums.’

Following the results of the most recent ballot, the RCN announced it would immediately launch a new England-wide statutory ballot to extend the scope and duration of the current strike mandate.

Ms Cullen has said if the ballot is successful, further strike action could take place up until Christmas.

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