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Heath secretary to ask court if next RCN nurses' strike is lawful Barclay 'treating nurses as criminals' over strike challenge - RCN head
(about 5 hours later)
The walkout will affect emergency departments, intensive care, cancer wards and other wardsThe walkout will affect emergency departments, intensive care, cancer wards and other wards
The health secretary has said he is pursuing legal action over the lawfulness of the next strike by NHS nurses in England. The leader of Royal College of Nursing has said the health secretary's legal action against the nursing union's strike is "cruel" and "unacceptable".
Steve Barclay's decision to challenge the Royal College of Nursing's right to stage a 48-hour walkout from 30 April follows a request from hospital bosses. Pat Cullen told the BBC members believe the government is punishing nurses for rejecting the government's pay offer.
The RCN argues the strike falls within the required six-month period from when votes were cast. Health Secretary Steve Barclay is to challenge whether the RCN has a mandate for its 48-hour walkout on 30 April.
NHS Employers says it has legal advice that the action would be unlawful. Ms Cullen said that if the court found against the union, it would "never do anything illegal".
If the court agrees then the RCN would not be protected by trade union laws and the strike may need to be called off. The RCN argues the strike falls within the required six-month period from when votes were cast in its ballot for industrial action.
But NHS Employers says it has legal advice that the action would be unlawful.
If the court agrees, then the RCN would not be protected by trade union laws and the strike may need to be called off.
NHS Employers says it believes ballots closed at midday on 2 November 2022, meaning action on 2 May - the last day of the planned strike - would not be covered by the strike mandate.NHS Employers says it believes ballots closed at midday on 2 November 2022, meaning action on 2 May - the last day of the planned strike - would not be covered by the strike mandate.
Asked whether the RCN could not simply change the dates or end the strike earlier, Ms Cullen said Mr Barclay was splitting hairs about the definition of six months, instead of negotiating.
"What they are doing is dragging our nursing staff through a court room, and I find this not just cruel but totally unacceptable," she told BBC Breakfast.
Nurses "carried us right through the pandemic" and now they are "treating them as criminals", she said.
"How low can a government stoop?", she added.
In a letter to Mr Barclay, NHS Employers' Danny Mortimer said: "The advice that we have received makes clear it is highly likely that if the notices for industrial actions are incorrect in one respect, then they are incorrect in total and that the strike action for the entire period of 30th April to 2nd May is illegal."In a letter to Mr Barclay, NHS Employers' Danny Mortimer said: "The advice that we have received makes clear it is highly likely that if the notices for industrial actions are incorrect in one respect, then they are incorrect in total and that the strike action for the entire period of 30th April to 2nd May is illegal."
Responding to the letter, Mr Barclay said he had "no choice but to take action" and pursue legal action. Responding to the letter, Mr Barclay said he had "no choice but to take action".
He said: "Strike action with no national exemptions agreed, including for emergency and cancer care, will also put patient safety at risk. "This legal action also seeks to protect nurses who could otherwise be asked to take part in unlawful activity that could in turn put their professional registration at risk and would breach the requirements set out in the nursing code of conduct," he said.
"This legal action also seeks to protect nurses who could otherwise be asked to take part in unlawful activity that could in turn put their professional registration at risk and would breach the requirements set out in the nursing code of conduct." Ms Cullen said this was a "blatant threat" to nursing staff saying "if you don't stop this and accept my pay offer than your registration may be at risk".
The Royal College of Nursing rejected a government pay offer for England of a 5% pay rise for 2023-24 and a one-off payment of at least £1,655 to top up last year's salary, depending on staff grade. The RCN rejected a government pay offer for England of a 5% pay rise for 2023-24 and a one-off payment of at least £1,655 to top up last year's salary, depending on staff grade.
The RCN announced its members had rejected the offer by 54% to 46%. The union announced its members had rejected the offer by 54% to 46%.
RCN general secretary Pat Cullen said the government was trying to use court action to "silence nurses". If the court finds the strike to be unlawful, Ms Cullen said the RCN would "absolutely work within the parameters of the law" and would "never do anything illegal".
She said: "This is nakedly political. Nurses will not be gagged in this way by a bullying government.
"We are clear that court arguments should only relate to 2 May and not 30 April and 1 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."
The planned walkout from 20:00 BST on 30 April to 20:00 on 2 May will involve NHS nurses in emergency departments, intensive care, cancer wards and other wards.The planned walkout from 20:00 BST on 30 April to 20:00 on 2 May will involve NHS nurses in emergency departments, intensive care, cancer wards and other wards.
Nurses have already walked out twice this year - on 6 and 7 February and on 18 and 19 January - but on those dates there were exemptions, so that nursing cover was maintained in critical areas. Nurses have already walked out twice this year - on 6 and 7 February and on 18 and 19 January - but on those dates there were exemptions, so nursing cover was maintained in critical areas.
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