Government to take legal action against nursing union over upcoming strikes

They argue that the strikes fall outside the 6 month mandate given the unions by their members

Author: Adam FawcettPublished 22nd Apr 2023

The Government has confirmed that it is taking legal action over planned strike action by nurses next week.

Members of the Royal College of Nursing (RCN) who work in the NHS in England, are due to strike from 8pm or the start of the night shift on April 30 until 8pm or the start of the night shift on May 2.

However, NHS employers recently wrote to the Health and Social Care Secretary Steve Barclay asking him to check the legality of the action because the strike mandate runs out in early May.

The Department of Health has now confirmed that court proceedings will now be brought against the RCN, on behalf of employers.

Steve Barclay says, "Following a request from NHS Employers I have regretfully provided notice of my intent to pursue legal action to ask the courts to declare the Royal College of Nursing's upcoming strike action planned for April 30 to May 2 to be unlawful.

"The Government firmly believes in the right to strike but it is vital that any industrial action is lawful and I have no choice but to take action.

"Strike action with no national exemptions agreed, including for emergency and cancer care, will also put patient safety at risk.

However, union members at the RCN have hit out at the government, accusing them of being 'nakedly political'. They believe that court action should only be taken in relation to the 2nd May, arguing the strike action on the 30th April and the 1st May shouldn't be affected.

RCN general-secretary Pat Cullen says, "We are clear that court arguments should only relate to 2nd May and not the 30th April and 1st May.

"The Government is now desperate to silence nurses rather than address this properly. We want to be in the negotiating room, not the courtroom."

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