Government will take legal action against Royal College of Nursing

Government will take legal action against Royal College of Nursing over planned strike

  • A 48-hour strike was due to run from April 30 to May 2 after RCN rejected offer
  • Steve Barclay said he was ‘regretfully’ declaring May 2 action as unlawful 
  • Action could be unlawful because RCN strike mandate expires on May 1 

The Government has confirmed it will take legal action against the Royal College of Nursing (RCN) over a planned strike in a long-running dispute about pay.

Health Secretary Steve Barclay said he was ‘regretfully’ applying to the High Court to declare industrial action planned for May 2 unlawful. 

In a minor victory to striking nurses, the Department of Health and Social Care (DHSC) appeared to climb down from an earlier threat to seek to block the full 48-hour walkout starting from April 30. 

The 48-hour strike was due to run from 8pm on April 30 to 8pm on May 2, after the union rejected the Government’s latest pay offer. 

NHS Employers, a membership organisation of NHS trusts, had previously declared the action would be unlawful because the RCN’s strike mandate expires at 11.59pm on May 1. 

Health Secretary Steve Barclay (pictured) said he was ‘regretfully’ applying to the High Court to declare industrial action planned for May 2 unlawful

In an email to RCN members working for the NHS in England, RCN general secretary Pat Cullen (pictured) vowed to ‘stand up’ to Government ‘bullies’ in court

By law, unions in England can only hold strike action within six months of the results of their industrial ballot.

As the RCN announced the results of their historic strike ballot on November 2 last year, NHS Employers argues the this period technically ends on May 1.

READ MORE: Striking nurses ‘put cancer patients at risk’: Royal College of Nursing comes under growing pressure to U-turn on walkouts as health bosses warn thousands will miss out on life-saving services 

Declaring legal action today, Mr Barclay said: ‘Following a request from NHS Employers I am regretfully applying to the High Court to declare the Royal College of Nursing’s planned strike action on 2 May unlawful. 

‘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. 

‘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.’ 

In an email to RCN members working for the NHS in England, RCN general secretary Pat Cullen vowed to ‘stand up’ to Government ‘bullies’ in court. 

But she confirmed that members would not be asked to strike on May 2 if the court rules in the Government’s favour. 

Ms Cullen said: ‘Tonight, the threat sadly became a reality. We told the Government that this is wrong and indefensible. The only way to deal with bullies is to stand up to them – including in court. 

By law, unions in England can only hold strike action within six months of the results of their industrial ballot. Their mandate expires on May 1

The 48-hour strike was due to run from 8pm on April 30 to 8pm on May 2, after the RCN rejected the Government’s latest pay offer

NHS Nurses from the Royal College of Nursing form a picket line as they strike for safe staffing levels, fair pay and working conditions outside St Thomas Hospital on 6th February 2023

Nurses from the Royal College of Nursing (RCN) in England at a picket line on the Euston Road outside University College Hospital London on February 7

‘Before the end of the week, the court will decide whether to support this government’s use of draconian anti-trade union legislation. 

‘If the Government succeeds in silencing members like you and convinces the court to stop part of our strike, then we’ll have no choice but to cut it short. 

‘Our strike action has always been safe and legal. We would never ask our members to do anything unsafe or against your professional code. 

‘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.’ 

Last week, the RCN was coming under growing pressure to make U-turn on plans to abandon sick cancer patients in pursuit of a bigger pay rise.

Last week, the RCN was coming under growing pressure to make U-turn on plans to abandon sick cancer patients in pursuit of a bigger pay rise

The union revealed it will escalate industrial action by demanding that nurses walk out of A&E, intensive care units and cancer wards for the first time later this month.

The RCN has demanded fresh talks but Rishi Sunak has insisted that there will be no more money to improve the deal, which has already been accepted by Unison, the biggest health union.

The decision to disrupt cancer services, taken in February, comes as latest figures show that more than 2,000 patients with the disease in England waited more than a month to start treatment. 

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