Injunction means nurses’ strike will be cut short
Last week we brought you news that there would be further strike action by nurses after RCN members voted to reject the government pay deal. The strike was due to start at 20:00 BST on Sunday and was going to last until 20:00 on Tuesday. For the first time the action would not involve exemptions meaning that no cover will be provided for some critical care services including emergency departments, intensive care and cancer care.
However, earlier this week NHS Employers wrote to the Secretary of State for Health and Social Care, Steve Barclay, and expressed concern about the legality of the action as the existing mandate expired before the proposed end of the strike. This led to Mr Barclay applying for an injunction at the High Court, arguing that any action on 2 May would be unlawful.
The High Court have agreed and ruled that the RCN’s six-month mandate for strike action would have lapsed by Tuesday as the ballot closed at midday on 2 November 2022. This means that the strike will now be cut short by a day and will end on 1 May. The judge has also ordered the RCN to pay the costs of the hearing, referring to the outcome being “inevitable” and the Union showing “a high degree of unreasonableness” in pursuing the action.
This will not completely take the pressure off services as two days of action are still set to go ahead. Further, if contingency plans have already been put in place some services may have already been impacted.
Elsewhere, members of the Royal College of Midwives have voted in favour of accepting the pay deal and employers will no doubt be hoping that other AfC Unions who are still voting on the deal follow suit. However, with the RCN confirming they will ballot for further action, this dispute may still be far from over.
Discover more
Related expertise
You may be interested in...
Opinion
Duty of candour and patient safety incidents: Proposed amendments to CQC Regulations
Legal Update
Top five takeaways for schools on the Employment Rights Bill
In Person Event
Claims Club: Birmingham
In Person Event
Claims Club: London
Legal Update
Building an inclusive workplace: strategies for attracting and retaining disabled talent
On-Demand
How schools can grapple with new employment law to thrive in a new era
Press Release
Browne Jacobson advises The Jordon Group on transformative merger
Online Event - Shared Insights
Shared Insights: Have your say on the 10 Year Health Plan for England
On-Demand
Kinship care: DJ v Barnsley Metropolitan Borough Council and SG
Legal Update
Roundtable report: Community engagement in high street regeneration
Legal Update - Maternity services
MNSI annual report 2023/24: Key insights and future ambitions for maternity safety
Press Release
Browne Jacobson advises UK’s leading fire protection specialist on key acquisition
Press Release
Browne Jacobson advises IT solutions specialist on sale to Goldman Sachs-backed international digital transformation provider
Opinion
New Mental Health Bill to be introduced in Parliament
Online Event
EdCon 2025
Legal Update
Breaking the glass ceiling: Empowering female leadership in the food and drink sector
Opinion - Maternity services
Enhancing care for women with ectopic pregnancies: Insights from MBRRACE-UK
Online Event
Transforming tensions: A panel discussion on proactive complaints management
Guide
Guide to inquests for mental health patients
Legal Update
Ozempic: The rising costs and coverage issues of weight loss medication
Legal Update - Employment Rights Bill
What does the Employment Rights Bill mean for employment practices liability insurance?
Opinion - Employment Rights Bill
Beyond the Bill: Exploring the horizon of new employment rights and proposed measures
Legal Update - Employment Rights Bill
Labour’s employment law reforms: Employment Rights Bill unveiled
Legal Update
Expanding the role of school attendance mentors
Legal Update
ABC pilot: Improving maternity safety to prevent brain injuries in childbirth
Online Event
Managing safeguarding allegations against staff
Press Release
Browne Jacobson advises UK climbing operator on sale to Belgian investment firm
Legal Update - Maternity services
DISCERN study published: How to improve discussions with families when things go wrong in maternity care
Press Release
Browne Jacobson to provide legal services to public bodies across UK after appointment on inaugural YPO framework
Legal Update
Organisational approaches to ESG and sustainability matters
Legal Update
Balancing acts: Navigating the complex risks in adult social care provision
Opinion
Lord Darzi’s report on the NHS in England and the future of mental health care
Legal Update
What the UK Covid-19 Inquiry means for higher education providers
Opinion
New anticipatory duty to prevent sexual harassment at work: final EHRC guidance published
Opinion
Employment tribunal case shines light on mistaken customer communications
Press Release
Browne Jacobson launches new HR services offering in health and social care
Press Release
Browne Jacobson and CBI roundtable explores how to finance public infrastructure post-PFI
Opinion
Navigating the new norms of flexible working and reasonable adjustments
Legal Update
Employment Healthcare Briefing: October 2024
