Heath secretary to ask court if next RCN nurses’ strike is unlawful

The health secretary has stated he is pursuing intelligent action over the lawfulness of the next strike by NHS nurses in England.

Steve Barclay’s decision to discipline the Royal College of Nursing’s correct to stage a forty eight-hour walkout from 30 April follows a demand from health facility bosses.

The RCN argues the strike falls within the desired six-month interval from when votes were solid.

NHS Employers says it has intelligent advice that the action would be unlawful.

If the court is of the same opinion then the RCN would no longer be protected by exchange union guidelines and the strike would possibly moreover wish to be referred to as off.

NHS Employers says it believes ballots closed at midday on 2 November 2022, which manner action on 2 May possibly possibly well moreover simply – the closing day of the planned strike – would no longer be coated by the strike mandate.

In a letter to Mr Barclay, NHS Employers’ Danny Mortimer stated: “The advice that we now have confidence obtained makes definite it is extremely seemingly that if the notices for industrial actions are wrong in one appreciate, then they’re wrong in total and that the strike action for the total interval of thirtieth April to 2nd May possibly possibly well moreover simply is illegal.”

Responding to the letter, Mr Barclay stated he had “no want but to rob action” and pursue intelligent action.

He stated: “Strike action with out a national exemptions agreed, including for emergency and most cancers care, can even build patient safety at risk.

“This intelligent action also seeks to protect nurses who would possibly otherwise be asked to rob share in unlawful task that would possibly in flip build their knowledgeable registration at risk and would breach the necessities space out within the nursing code of habits.”

But RCN general secretary Pat Cullen stated the authorities changed into as soon as attempting to use court action to “silence nurses”.

She stated: “This is nakedly political. Nurses have to no longer gagged in this technique by a bullying authorities.

“We’re definite that court arguments ought to light exclusively disclose to 2 May possibly possibly well moreover simply and no longer 30 April and 1 May possibly possibly well moreover simply.

“The authorities is now determined to silence nurses as an more than a number of of address this well. We wish to be within the negotiating room, no longer the courtroom.”

The planned walkout from 20:00 BST on 30 April to 20:00 on 2 May possibly possibly well moreover simply will involve NHS nurses in emergency departments, intensive care, most cancers wards and different wards.

Nurses have confidence already walked out twice this twelve months – on 6 and 7 February and on 18 and 19 January – but on those dates there were exemptions, so that nursing quilt changed into as soon as maintained in severe areas.

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