Why is Steve Barclay taking legal action against nurse strike – on a technicality?

Last Updated: April 23, 2023By Tags: , , , , , , , , , , , ,

Did you understand that Health Secretary Steve Barclay is taking legal action against the Royal College of Nursing, not because its strike from April 30 to May 2 is illegal in itself, but because he disagrees with its timing?

When the RCN balloted its members for strike action on November 2 last year, the mandate was to last six months.

Barclay reckons that means the mandate ends on May 1 and therefore most of the second day of the 48-hour strike (it ends at 8pm BST on May 2) falls outside the RCN’s mandate to strike.

The RCN disagrees (obviously) – and This Writer tends to agree. If the ballot takes place on a particular day – it seems to me – any mandate must begin on a subsequent day; the following day seems the logical choice.

The RCN’s argument seems to corroborate this, as it quotes a precedent from a miner’s strike from 1995 that gives it until midnight on May 2.

Here’s Taj Ali to provide some background:

The threat of an interim order to stop the strike has been considered offensive by many:

The request for an order that stops strike action until a court has decided whether it is legal could be a double-edged sword for the government.

If the court rules in the government’s favour, then the RCN has said it will abide by the decision.

But if it rules against Barclay, then he will have hindered a legal strike for no good reason at all. That would be a public-relations disaster for him and his government.

They would have force-halted a legal and reasonable strike for no good reason.

They would have demonstrated that they are not to be trusted on any level in negotiations over pay.

They would have shown that they are unfit to serve the UK as its government.

Right?


Vox Political needs your help!
If you want to support this site
(
but don’t want to give your money to advertisers)
you can make a one-off donation here:

Donate Button with Credit Cards

Be among the first to know what’s going on! Here are the ways to manage it:

1) Register with us by clicking on ‘Subscribe’ (in the right margin). You can then receive notifications of every new article that is posted here.

2) Follow VP on Twitter @VoxPolitical

3) Like the Facebook page at https://www.facebook.com/VoxPolitical/

Join the Vox Political Facebook page.

4) You could even make Vox Political your homepage at http://voxpoliticalonline.com

5) Join the uPopulus group at https://upopulus.com/groups/vox-political/

6) Join the MeWe page at https://mewe.com/p-front/voxpolitical

7) Feel free to comment!

And do share with your family and friends – so they don’t miss out!

If you have appreciated this article, don’t forget to share it using the buttons at the bottom of this page. Politics is about everybody – so let’s try to get everybody involved!

Buy Vox Political books so we can continue
fighting for the facts.


The Livingstone Presumption is now available
in either print or eBook format here:

HWG PrintHWG eBook

Health Warning: Government! is now available
in either print or eBook format here:

HWG PrintHWG eBook

The first collection, Strong Words and Hard Times,
is still available in either print or eBook format here:

SWAHTprint SWAHTeBook

latest video

news via inbox

Enter your email address to follow this blog and receive notifications of new posts by email.

One Comment

  1. Hecuba April 24, 2023 at 11:14 am - Reply

    I suggest the RCN imitate the fascist tories and ignore the law! RCN nurses have right to strike and this they will do irrespective of weak threats from the fascist tory dictators!

    Do not forget the fascist tories continue to break the law whenever it suits their purpose so why should the RCN nurses not do the same? But in reality the RCN nurses are not breaking the law unlike the fascist arrogant tories!

Leave A Comment