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NHS Employers has written to the Royal College of Nursing claiming that the last date in its upcoming strike action is unlawful. In a letter sent this week, the organisation warned that the
strike set on 2 May falls outside of the union's six-month mandate for strike action. However, the RCN has defended its plans and announced that it will "strongly resist" any
legal challenges which attempt to block its next round of industrial action. The union declared last week that further nurse strikes would take place in England after members voted to reject
the latest NHS pay offer from the government. Currently the RCN is set to hold a 48-hour strike, without derogations, from 8pm on 30 April to 8pm on 2 May. RELATED ARTICLE However, NHS
Employers, which represents NHS trusts across the country, has challenged the validity of the strike action on 2 May. Daniel Mortimer, the chief executive of NHS Employers, said: “The RCN
ballot for industrial action ended at midday on 2 November 2022 and allows the union six months to undertake any action approved by that ballot. “NHS Employers has written to the RCN stating
our view – on behalf of trusts in England, and with clear legal advice – that the RCN’s mandate for industrial action ends at midnight on Monday 1 May.” > "If this matter does
progress to court we will have to defend it > robustly" > > Jo Galbraith-Marten Mr Mortimer called on the RCN to "amend its guidance to members" to ensure that
action does not take place on 2 May. He added that the NHS Employers was “in ongoing exchanges” with the RCN on this matter. However, the RCN has fiercely defended the legality of its
upcoming strike action, and has said it will challenge any attempts to block it by NHS Employers. In a letter to NHS Employers, seen by _Nursing Times_, the college highlighted a court
ruling from 1995, which showed that strike action legally could take place on the final day of the union’s mandate, irrespective of the time. The letter said: “The law does not recognise
part of a day and a day extends until its last moment namely midnight.” It added: “That being the position, I trust you agree that our strike action on 2 May 2023 until 8pm or the start of
the night shift does have the support of the ballot and is lawful. “However, and if any employers do apply for an injunction on this basis, it will be forcefully resisted by our leading
counsel retained on this matter and we would also seek to recover our costs if any such application is unsuccessful which I believe it would be.” Meanwhile, 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." Ms Galbraith-Marten added that the RCN's plans remained, and that it would "continue 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," she said.