The NHS today asked Steve Barclay to go to court to prevent nurses from striking later this month.
Bosses are concerned about the impact on patients of the 48-hour strike planned from April 30 to May 2, saying it is illegal.
The health secretary must now decide whether to seek an injunction, which union leaders claim is akin to “bullying” and “silencing” nurses.
In a major escalation of the pay dispute, the Royal College of Nursing has ordered members out of the emergency room, intensive care unit and cancer wards for the first time.
But NHS Employers say the union’s six-month mandate for industrial action expires at the end of the first day of the strike, stripping the entire period of legitimacy.
NHS leaders have asked Steve Barclay to go to court to prevent nurses from striking later this month.
Pat Cullen (pictured: centre), General Secretary and Chief Executive Officer of the Royal College of Nursing. The union’s planned 48-hour strike on April 30 has come under fire for its possible illegality
The letter, from NHS Employers chief executive Danny Mortimer, said the health service had a “responsibility” to staff to ensure they acted lawfully, but “the most important thing is for our patients for their safety and care”.
A letter from Danny Mortimer, chief executive of NHS Employers, to Mr Barclay said the health service had a “responsibility” to staff to ensure they acted lawfully, but “most importantly to our patients for their safety and care”. .
He added: “Since 19 April, NHS employers have brought to the attention of the RCN their very real concerns that the RCN has received the strike mandates it received following the vote, which ended at 12pm on 2 November 2022. misapplied.
NHS employers have called on the RCN to change its strike plans over these concerns.
“The RCN denied this and copies of the correspondence were provided to your officers.
“On the evidence we have, it is very likely that if the announcements of industrial action are wrong on one point, they are wrong across the board and that the strike action for the entire period from April 30 to May 2 is illegal.” Is .
“I am writing to ask you to intervene now on behalf of the NHS organizations concerned in England to get the courts’ opinion on the legality of the planned strike action from 30 April to 2 May 2023.
“I believe that permanent establishment of this position is in the best interest of our staff and patients.”
The union reportedly said it will “violently oppose” efforts to obtain a court order to stop what it believes are legal union actions.
It has already announced that it will hold another vote after the strike to extend its mandate to allow disruption until Christmas.
Pat Cullen, RCN general secretary and chief executive, said: “The NHS’s decision not to take this forward is correct, but ministers must decide whether to silence nurses.
Fading nurses and dragging us through the highest courts will not be good for the government.
“It would be a great disrespect to the nursing staff. We will stand up for the legality of our actions in all forums.”
Nurses represented by the RCN are to walk out at 8pm on May 30 after members rejected a government pay offer with a 5 per cent pay rise and a one-off bonus.
Health leaders have warned that if carers continue to plan to escalate their strikes, the mentally ill could harm themselves, kill themselves or pose a risk to others.
More than 500,000 NHS appointments and operations in England have been canceled due to staff strikes, with more disruption planned
Almost 200,000 hospital appointments and procedures in England had to be postponed as tens of thousands of junior doctors staged a 96-hour strike over wages between 11 and 15 April.
Added to this were thousands of appointments that had already been canceled or postponed due to strikes by other unions, including the RCN.
Adding community involvement brings the total number of people affected since December to more than half a million.
The NHS Confederation, which represents NHS organisations, said mental health leaders warned of “serious implications” for patient safety with carer numbers being “even less spread than usual”.
A statement said mental health leaders were “deeply concerned that the Royal College of Nursing stands firm in, and does not agree with, its decision to grant no exemptions for services, including emergency and critical care, at national or local level not too late.” for high security and inpatient psychiatric facilities, the risk of serious and lasting impact on service users cannot be mitigated.”
The NHS Confederation said the RCN’s current position could mean people could become a risk to themselves, “including by harming or, in extreme cases, killing themselves, as well as others”.
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Crystal Leahy is an author and health journalist who writes for The Fashion Vibes. With a background in health and wellness, Crystal has a passion for helping people live their best lives through healthy habits and lifestyles.
