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The Telegraph
The Telegraph
27 Apr 2023


Nurses outside the Royal Courts of Justice in London
Nurses outside the Royal Courts of Justice in London Credit: Shutterstock

The Government is expected to successfully cut short the upcoming nurses strikes through the High Court, the union has conceded.

Steve Barclay, the Health Secretary, urged the Royal College of Nursing (RCN) to amend their strike dates late Wednesday night to prevent an "unnecessary" court hearing.

Pat Cullen, RCN general secretary, told members on Wednesday night the Government "could be successful in putting their full weight on the court".

“Nursing staff like you will join me outside the Royal Courts of Justice in London to show the government that we’re standing up to its attempts to cut short your lawful strike," she wrote.

"We expect that ministers could be successful in putting their full weight on the court. 

"If they win, we’ll let you know as soon as possible that the strike will end at midnight on Monday (May 1) and not the following evening as originally planned.”

Ministers have disputed that the RCN's strike mandate allows them to carry out a 48-hour walkout from Sunday night from 8pm ending on May 2 at 8pm.

Pat Cullen, general secretary of the RCN said the Government
Pat Cullen, general secretary of the RCN said the Government "could be successful in putting their full weight on the court" Credit: Jordan Pettitt/PA Wire

The union's ballot closed on November 2 at midday, and the Government argues their mandate therefore runs out at midnight on Monday May 1.

During the upcoming strike the RCN has agreed to no services being exempt from the action, including cancer and emergency care.

In a letter to Ms Cullen sent on Wednesday night Mr Barclay said the union had declined his offers to meet at the weekend and on Monday to find a resolution to the dispute.

"I understand this evening however that you have instructed your legal team not to attend court tomorrow and have not submitted any legal argument that your action planned for 2 May is lawful," he said.

"I can only assume that you are taking this approach because you have concluded that this action is indeed unlawful."

The application is due to before the High Court at 10:30am Thursday.