NHS Employers letter to the Secretary of State for Health and Social Care

NHS Employers has this afternoon written to the Secretary of State for Health and Social Care ahead of the proposed industrial action by the RCN for the period 30 April to 2 May 2023. 

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 1st May 2023.  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 for 30th April to 2nd May 2023 fall within the law governing industrial action.” 

NHS Employers is the employers association for the NHS and represents NHS organisations.  It does not have legal standing to take forward this action on behalf of those NHS Trusts where the RCN has a mandate to organise strikes, and neither is it possible to co-ordinate action by all the Trusts effected in order for the courts to quickly resolve matters. This is why it has asked the Secretary of State to act.