The High Court has ruled that the last day of a three-day planned strike by the Royal College of Nursing is illegal.

The ruling came after the government took the union to court arguing the strike on 2 May went beyond the legal requirement of occurring six months after a ballot.

Health and social care secretary Steve Barclay said: “I firmly support the right to take industrial action within the law – but the government could not stand by and let plainly unlawful strike action go ahead. Both the NHS and my team tried to resolve this without resorting to legal action, but unfortunately, following a request from NHS Employers, we took this step with regret to protect nurses by ensuring they are not asked to take part in an unlawful strike.

“We welcome the decision of the High Court that the Royal College of Nursing’s planned strike on 2 May is illegal.

“The government wants to continue working constructively with the Royal College of Nursing, as was the case when we agreed the pay offer that was endorsed by their leadership. We now call on them to do the right thing by patients and agree derogations for their strike action on 30 April and 1 May.”

RCN general secretary & chief executive Pat Cullen said: “The full weight of government gave ministers this victory over nursing staff. It is the darkest day of this dispute so far – the government taking its own nurses through the courts in bitterness at their simple expectation of a better pay deal.

“Nursing staff will be angered but not crushed by today’s interim order. It may even make them more determined to vote in next month’s re-ballot for a further six months of strike action. Nobody wants strikes until Christmas – we should be in the negotiating room, not the courtroom today.

“The government has won this legal battle. But they have lost the support of nursing staff and the public. The most trusted profession has been taken through the courts, by the least trusted people.”