In a statement, the RCN said that Mr Barclay would take the union to court over the second day of a proposed 48-hour strike – arguing that it falls outside their six-month mandate for industrial action.
RCN General Secretary and Chief Executive, Pat Cullen, said: “Tonight, the threat sadly became a reality. We told the government that this is wrong and indefensible. The only way to deal with bullies is to stand up to them – including in court.”
Ms Cullen said the court’s decision was expected “before the end of the week”, but conceded that the union would have no choice but to cut the strike short if it rules in favour of the Government.
Mr Barclay said: “Following a request from NHS Employers I am regretfully applying to the High Court to declare the Royal College of Nursing’s planned strike action on 2 May unlawful.
“Despite attempts by my officials to resolve the situation over the weekend, I have been left with no choice but to proceed with legal action.
“I firmly support the right to take industrial action within the law – but the government cannot stand by and let a plainly unlawful strike action go ahead nor ignore the request of NHS Employers. We must also protect nurses by ensuring they are not asked to take part in an unlawful strike.”
More to follow…
