UK Nurses’ strikes may be cut short as Health Secretary goes to High Court
The Royal College of Nursing says it may have “no choice” but to cut short its strikes after the Health Secretary confirmed plans to go to the High Court.
Steve Barclay has written to General Secretary Pat Cullen, saying the RCN does not have a mandate to strike on May 2 – the final planned day for 48 hours of industrial action.
In recent days the Health Secretary had urged the RCN to call off the strikes, which are the most extreme in the union’s history, targeting A&E and urgent cancer care.
The legal action follows concerns from NHS Employers that the mandate for nurses to strike expires at the end of 1 May.
The action is based on a ballot which ended on 2 November, giving six months to carry out strikes.
In a letter to Ms Cullen, Mr Barclay said the Government would not be going to court if the union had called off Tuesday’s strike and agreed “appropriate derogations” to protect patient safety.
Warning of plans for a High Court battle, he welcomed talks between the RCN and health officials about how to ensure patient safety during the strikes.
In the letter, Mr Barclay says: “My team said to yours on Saturday that if you called off Tuesday’s strike and would commit to appropriate derogations over the weekend to protect patient safety, then we would not need to go to Court. Given that you have chosen not to do so, I intend to apply to the High Court to declare the action you have planned for Tuesday 2 May unlawful.
“I should note that, while you have not called off the strike action planned for Tuesday 2 May, I do welcome the discussions between NHS England and the RCN about ensuring patient safety in the absence of pre-emptive derogations, like those agreed by the RCN in relation to previous industrial action. I hope those discussions continue to be fruitful and productive.”
Previously, Mr Barclay had warned nurses that they could be in breach of their professional regulation if they take part in illegal strikes.
The RCN responded with fury on Monday evening.
‘We’ll have no choice but to cut it short’
In an email to RCN members working for the NHS in England on Monday night Mrs Cullen said the Government had turned its threat into 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.
“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.”
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.”
