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Strike action in England: RCN strongly resists NHS legal threat

NHS Employers is seeking to discredit our strike action on 2 May, claiming the mandate to strike will have run out.

Defiant nursing staff on picket line

The RCN will strongly resist any application for injunctive relief from any or all NHS employers who seek to challenge the RCN strike action planned for 2 May 2023. For the avoidance of doubt, NHS Employers are not challenging the validity of the strike action called on Sunday 30 April 2023 and Monday 1 May 2023, this just relates to Tuesday 2 May 2023.

RCN members working in the NHS in England at workplaces with a strike mandate are preparing to take strike action from 8pm or the start of the night shift on 30 April to 8pm or the start of the night shift on 2 May. This 48 hours of round-the-clock strike action is a significant escalation in our fight for fair pay for nursing, which follows a vote to reject the latest pay offer from the UK Government.

After a strike ballot, from the point it closes, the RCN has six months to take industrial action. The strike ballot that our upcoming action relates to closed at midday on 2 November 2022.

Jo Galbraith-Marten, RCN Director of Legal Services and Member Relations, said: “It is regrettable NHS Employers have chosen to make this eleventh hour challenge and if this matter does progress to court we will have to defend it robustly.

“In the meantime, our plans remain, and we will continue to work with employers to find a way forward. If a court determines the action on Tuesday 2 May 2023 is not covered by the mandate of our ballot, we will advise members accordingly.”

We will be balloting our members again on strike action in the coming weeks. It’s essential that your postal address, job, workplace and all other details are up to date for you to have your say. Check now.  

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