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| Nurses to cut short strike as court rules second day of action unlawful | Nurses to cut short strike as court rules second day of action unlawful |
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| Ruling prompts RCN leader, Pat Cullen, to condemn government for ‘taking its own nurses to court’ | Ruling prompts RCN leader, Pat Cullen, to condemn government for ‘taking its own nurses to court’ |
| A strike by tens of thousands of nurses starting this Sunday will be cut short after a high court judge ruled that the plans were partly unlawful. | A strike by tens of thousands of nurses starting this Sunday will be cut short after a high court judge ruled that the plans were partly unlawful. |
| The interim declaration prompted Pat Cullen, the general secretary of the Royal College of Nursing (RCN), to condemn the government for “taking its own nurses to court”, describing it as “the darkest day” in the long-running pay dispute. | The interim declaration prompted Pat Cullen, the general secretary of the Royal College of Nursing (RCN), to condemn the government for “taking its own nurses to court”, describing it as “the darkest day” in the long-running pay dispute. |
| Lawyers acting for Steve Barclay, the health and social care secretary, succeeded at the high court on Thursday in arguing that the RCN did not have a mandate for a planned 48-hour strike that was due to end at 8pm on Tuesday 2 May. | Lawyers acting for Steve Barclay, the health and social care secretary, succeeded at the high court on Thursday in arguing that the RCN did not have a mandate for a planned 48-hour strike that was due to end at 8pm on Tuesday 2 May. |
| Mr Justice Linden agreed with the government’s argument that the strike mandate secured by the RCN on 2 November lost legal standing from 23.59.59 on 1 May. A mandate is valid for six months after a ballot. | |
| The country’s biggest nursing union will now shorten its industrial action so that it begins at the start of the late shift at 8pm on 30 April and ends at midnight on 1 May. | The country’s biggest nursing union will now shorten its industrial action so that it begins at the start of the late shift at 8pm on 30 April and ends at midnight on 1 May. |
| The government also asked that the RCN pay its legal costs of £47,885. The judge questioned why the costs were so high and awarded £35,000. | The government also asked that the RCN pay its legal costs of £47,885. The judge questioned why the costs were so high and awarded £35,000. |
| Cullen, who joined nurses outside the court in a demonstration on Thursday morning, said she accepted the ruling but claimed it could rally her members to support further strikes. | Cullen, who joined nurses outside the court in a demonstration on Thursday morning, said she accepted the ruling but claimed it could rally her members to support further strikes. |
| “The full weight of government gave ministers this victory over nursing staff. It is the darkest day of this dispute so far – the government taking its own nurses through the courts in bitterness at their simple expectation of a better pay deal. | “The full weight of government gave ministers this victory over nursing staff. It is the darkest day of this dispute so far – the government taking its own nurses through the courts in bitterness at their simple expectation of a better pay deal. |
| “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 re-ballot for a further six months of action. Nobody wants strikes until Christmas – we should be in the negotiating room, not the courtroom today. Our strike will now finish at midnight on the Monday as we have ensured safe and legal action at all times.” | “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 re-ballot for a further six months of action. Nobody wants strikes until Christmas – we should be in the negotiating room, not the courtroom today. Our strike will now finish at midnight on the Monday as we have ensured safe and legal action at all times.” |
| Nurses outside the high court in London carried placards emblazoned with the question: “Who takes their heroes to court?” | Nurses outside the high court in London carried placards emblazoned with the question: “Who takes their heroes to court?” |
| Government lawyers in the hearing criticised the RCN for not attending in order to argue their points, choosing instead to rely on a witness statement by Cullen. Andrew Burns KC, representing Barclay, described the union as “incompetent” and suggested it should have “come clean” over its mistakes. | Government lawyers in the hearing criticised the RCN for not attending in order to argue their points, choosing instead to rely on a witness statement by Cullen. Andrew Burns KC, representing Barclay, described the union as “incompetent” and suggested it should have “come clean” over its mistakes. |
| The government lawyers said the RCN, having initially said it would appear to contest the government’s application, had engaged in a “significant U-turn” after a meeting of its governing body. | The government lawyers said the RCN, having initially said it would appear to contest the government’s application, had engaged in a “significant U-turn” after a meeting of its governing body. |
| In a letter to the court, the RCN said it would not be represented in court as it did not want to “give credence” to Barclay’s legal action and the trade union legislation on which it was based. | In a letter to the court, the RCN said it would not be represented in court as it did not want to “give credence” to Barclay’s legal action and the trade union legislation on which it was based. |
| Mr Justice Linden told the court that Cullen’s witness statement suggested she had accepted the government’s legal position and he suggested that much of it had been written for a “different audience”. | Mr Justice Linden told the court that Cullen’s witness statement suggested she had accepted the government’s legal position and he suggested that much of it had been written for a “different audience”. |
| He said it was a concern that the RCN had not attended the hearing of nearly two hours, and that people who did strike on 2 May would not be protected by trades union legislation because it would be “unlawful”. | He said it was a concern that the RCN had not attended the hearing of nearly two hours, and that people who did strike on 2 May would not be protected by trades union legislation because it would be “unlawful”. |
| Last year, RCN members voted by 54% to 46% to reject a government offer of a 5% pay rise this year and a cash payment for 2022. | Last year, RCN members voted by 54% to 46% to reject a government offer of a 5% pay rise this year and a cash payment for 2022. |
| They have also since rejected an offer of a one-off payment worth between £1,700 and £3,000 for 2022-23 and 5% for 2023-24, with 54% voting against it on a 61% turnout. | They have also since rejected an offer of a one-off payment worth between £1,700 and £3,000 for 2022-23 and 5% for 2023-24, with 54% voting against it on a 61% turnout. |
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| The union has announced it will seek a second legal mandate to continue its strike action from June to December. | The union has announced it will seek a second legal mandate to continue its strike action from June to December. |
| While Cullen argued that her members would be enraged by the government’s actions, the court’s judgment also has the potential to undermine unity within the RCN. | While Cullen argued that her members would be enraged by the government’s actions, the court’s judgment also has the potential to undermine unity within the RCN. |
| The biggest healthcare union, Unison, accepted the latest terms offered. Results of the ballots of GMB and Unite members will be announced on 28 April. | The biggest healthcare union, Unison, accepted the latest terms offered. Results of the ballots of GMB and Unite members will be announced on 28 April. |
| The May Day strike still risks causing significant difficulties in the health service. The RCN is refusing to grant the NHS any “derogations” or strike exemptions in key areas of care, such as A&E, intensive care and maternity services. Such exemptions had been agreed with the government during the six strikes it held in December, January and February. | The May Day strike still risks causing significant difficulties in the health service. The RCN is refusing to grant the NHS any “derogations” or strike exemptions in key areas of care, such as A&E, intensive care and maternity services. Such exemptions had been agreed with the government during the six strikes it held in December, January and February. |
| After the hearing, Barclay called on the RCN to consider derogations to secure patient safety. | After the hearing, Barclay called on the RCN to consider derogations to secure patient safety. |
| A reballot of RCN members about further strikes is expected to take place in the next few weeks, with Cullen warning that the industrial action could run all the way until Christmas. | |
| 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, but unfortunately, following a request from NHS Employers, we took this step with regret to protect nurses by ensuring they are not asked to take part in an unlawful strike. | 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, but unfortunately, following a request from NHS Employers, we took this step with regret to protect nurses by ensuring they are not asked to take part in an unlawful strike. |
| “We welcome the decision of the high court that the Royal College of Nursing’s planned strike on 2 May is illegal. | “We welcome the decision of the high court that the Royal College of Nursing’s planned strike on 2 May is illegal. |
| “The government wants to continue working constructively with the Royal College of Nursing, as was the case when we agreed the pay offer that was endorsed by their leadership. We now call on them to do the right thing by patients and agree derogations for their strike action on 30 May and 1 April.” | “The government wants to continue working constructively with the Royal College of Nursing, as was the case when we agreed the pay offer that was endorsed by their leadership. We now call on them to do the right thing by patients and agree derogations for their strike action on 30 May and 1 April.” |