NHS employers are looking to challenge the RCN strike planned for 2 May 2023.
Reportedly, NHS employers officials have claimed industrial action taking place on 2 May goes beyond the six month period in which action can be taken.
To read more on this topic, please visit:
The RCN have responded to these claims saying they will ‘strongly resist’ any application for injunctive relief from any NHS employers challenging the strike.
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.’
RCN members working in the NHS in England at places with a strike mandate are preparing to strike from 8pm on 30 April to 8pm on 2 May.
The Guardian reported that NHS Employers wrote to the RCN calling these new strike dates unlawful.
The RCN’s ballot for industrial action ended at midday on 2 November 2022 which allowed the union six months to undertake action.
Therefore, NHS employers believe the RCN’s mandate for strike action should end at midnight on 1 May.