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Nurses' strike in England to be cut short - court rules Nurses' strike in England to be cut short after court ruling
(about 1 hour later)
The walkout will affect emergency departments, intensive care, cancer wards and other wards General Secretary of the Royal College of Nurses Pat Cullen with nurses outside the High Court in London
The forthcoming strike in England by members of the Royal College of Nursing has to be cut short by a day, a judge has ruled. A 48-hour strike by nurses in England over the Bank Holiday weekend will be cut short by a day after a High Court judge ruled it was partly unlawful.
The walkout is due to start at 20:00 BST on Sunday and was going to last until 20:00 on Tuesday. The walkout in a row over pay by the Royal College of Nursing, due to start on Sunday will now end on Monday.
It must now end on Bank Holiday Monday, following the case brought by the government at the High Court. RCN chief Pat Cullen said this was "the darkest day" of the dispute so far and the government needed to negotiate.
The judge ruled that the RCN's six-month mandate for strike action would have lapsed by Tuesday. Downing Street said it was "regrettable" the government had to go to court and it had tried to avoid it.
Health Secretary Steve Barclay took legal action after NHS Employers said it believed the last day of the planned strike was not covered by the mandate as the ballots closed on 2 November 2022 at midday. The judge ruled the RCN's six-month mandate for strike action would have lapsed by Tuesday.
It had argued that could invalidate the whole strike and urged the government to look into the case. Health Secretary Steve Barclay took legal action after NHS Employers said the last day of the planned strike was not covered by the mandate as the ballots closed on 2 November at midday.
The government ended up just contesting the part of the strike that fell on the 2 May, the Tuesday. The judge Mr Justice Linden ordered the RCN to pay the costs of the hearing, saying the union had showed "a high degree of unreasonableness", the outcome was "inevitable" and "instead of grasping the nettle and conceding" it had forced the case to court.
The judge ordered the RCN to pay the costs of the hearing, saying the union showed "a high degree of unreasonableness".# After the hearing, the RCN's general secretary Ms Cullen said: "They [the government] have won their legal battle today. But what this has led to is they have lost nursing and they've lost the public.
Mr Justice Linden said that the outcome was "inevitable" and that "instead of grasping the nettle and conceding" it forced the case to court. "They've taken the most trusted profession through the courts, by the least trusted people."
Ahead of the court hearing the RCN said it would have to accept the judgement as it would "never do anything illegal". She levelled her criticism at Health Secretary Steve Barclay and the government for clapping for nurses only to leave the NHS to "crumble" and said they should be negotiating with nurses rather than taking them to court.
But it accused Mr Barclay of bullying nurses and using "draconian anti-trade union legislation". She said it was with a "heavy heart" that strike action could continue in the lead-up to Christmas, adding: "If Steve Barclay continues to stay in the tunnel that he's in, we will end up with strike action for the next six months because nursing staff are not going to step back now."
After the verdict, Mr Barclay said: "I firmly support the right to take industrial action within the law - but the government could not stand by and let plainly unlawful strike action go ahead. Mr Barclay said: "I firmly support the right to take industrial action within the law - but the government could not stand by and let plainly unlawful strike action go ahead.
"Both the NHS and my team tried to resolve this without resorting to legal action.""Both the NHS and my team tried to resolve this without resorting to legal action."
'Patients at risk''Patients at risk'
The strike was called earlier this month after RCN members rejected a government 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 strike was called earlier this month after RCN members rejected a government 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 union announced its members had rejected the offer by 54% to 46%.The union announced its members had rejected the offer by 54% to 46%.
The walkout will involve NHS nurses in emergency departments, intensive care, cancer wards and other wards.The walkout 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 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.
The government has said strike action with no national exemptions would put patients at risk.The government has said strike action with no national exemptions would put patients at risk.
The RCN has said it would ballot members for further strike action once its current mandate expires.The RCN has said it would ballot members for further strike action once its current mandate expires.
RCN General Secretary and Chief Executive, Pat Cullen, said: "Nursing staff will be angered but not crushed by today's interim order. It may even make them more determined to vote in next month's reballot for a further six months of action. Nobody wants strikes until Christmas - we should be in the negotiating room, not the courtroom today."
Other unions are also consulting members on the pay deal, which is being offered to all NHS staff, other than doctors and very senior managers.Other unions are also consulting members on the pay deal, which is being offered to all NHS staff, other than doctors and very senior managers.
The biggest health union, Unison, has accepted the deal, as have the midwives. The biggest health union, Unison, has accepted the deal, as has the midwives' union.
But radiographers have rejected it. But the union representing radiographers has rejected it.
All the health unions will meet with ministers on Tuesday to reveal whether a majority of staff back the Agenda for Change pay deal.All the health unions will meet with ministers on Tuesday to reveal whether a majority of staff back the Agenda for Change pay deal.
Related TopicsRelated Topics
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Royal College of NursingRoyal College of Nursing