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Government takes legal victory over striking nurses

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Updated: May 8, 2023

The Royal College of Nursing, the RCN union, has shortened the upcoming strike action by one day after High Court judge ruled it ‘unlawful’.

Steve Barclay, Health and Social Care Secretary, took legal action against nurses and the RCN after he declared the strike action planned for Tuesday 2 May to be unlawful.

According to Barclay, the strike action will run over the six-month mandate of lawful striking by 2 May. This means that the RCN will need to hold another ballot to approve a further six months of striking.

Pat Cullen, Chief Executive of the RCN said: “The full weight of the government gave ministers this victory over nursing staff.

“The government taking its own nurses through the courts in bitterness at their simple expectation of a better pay deal.”

Paula McKeon, Falls Prevention Nurse Practitioner, said: “This isn’t all about money. We’re striking because unless there’s more money put into the NHS, it’s not going to be attractive.

“Every area in nursing is unsafe because they can’t recruit. Unless we get a decent salary it’s not going to attract people in.”



Credit: RCN Union Twitter page, Twitter handle: @theRCN. Posted 01.05.23.


The RCN had announced the original strike dates to take place from April 30 to May 2. The amended industrial action will now run from 8pm April 30, until 23.59pm May 1.

The government’s pay deal draft for nurses of a 5% pay increase plus a cash bonus, for last year, was refused by 54%.

The judge, Mr Justice Linden, also ordered the RCN to pay the costs of the hearing.

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 re-ballot for a further six months of strike action.

“The government has won this legal battle. But they have lost the support of nursing staff and the public.”

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