A 48-hour nursing strike at the end of the month could face a High Court challenge as NHS bosses claim it is unlawful.
The Royal College of Nurses refutes a legal argument that its ballot does not give it a mandate to stage the planned walkout from 8pm on Sunday, April 30, to 8pm on Tuesday, May 2.
NHS Employers, an organisation which acts on behalf of NHS trusts, argues the six month period in which industrial action can be taken in England expires at midnight on May 1.
The RCN says a previous legal case over a miners' strike in 1995 set a precedent that means strike action is lawful until midnight on May 2.
NHS Employers chief executive Danny Mortimer today wrote to Health Secretary Steve Barclay calling on the Government to challenge the legality of the strike with a Judicial Review.
Pat Cullen, RCN General Secretary said: “Bullying nurses and dragging us through the highest courts would not be a good look for Government.
“It would show utter contempt for nursing staff. We will make the case for the legality of our action in all forums."
It could see the bitter industrial dispute move to the the High Court which could now decide whether the two-day strike - this time with no services exempt - can take place.
The latest RCN comes after the union's members voted to reject a 5% pay rise offer from the Government.
NHS Employers chief executive Danny Mortimer said: “In recent days NHS Employers has asked the RCN to revisit the strike action it has planned for 30th April to 2nd May 2023.
“This is because we have received legal advice, including from lead counsel, that indicates that the six month period in which industrial action can be taken expires at midnight on May 1. The RCN has however rejected our view.
“Given the concern that the RCN may be asking its members to take strike action which does not enjoy legal protection, I have this afternoon written to the Secretary of State for Health and Social Care asking him to intervene and to seek the view of the courts as to whether the notices of action issued to relevant NHS organisations… fall within the law governing industrial action.”
The request for the Government to challenge the strike in the courts came after suggestions that individual NHS trusts could do so.
Ms Cullen added: “The decision of the NHS not to take this further is the right one but ministers need to decide whether to silence nurses.”
The RCN has not agreed to "dorogations" - exceptions from the strike for high risk services such as A&E - during its latest walk out.
The NHS Confederation, which represents NHS organisations, has warned of "dire consequences" to the safety of patients as nursing staff numbers are spread "even more thinly than usual".
Strikes during December saw the RCN agree to some derogations but it has said there will not be any this time as it escalates its industrial action.
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