The Royal College of Nursing (RCN) has said it “will not be gagged” after the government initiated legal action to block a planned strike.

Health & social care secretary Steve Barclay announced last week that the government had launched legal action to block a planned strike from 30 April to 2 May.

Barclay said: “Following a request from NHS Employers I have regretfully provided notice of my intent to pursue legal action to ask the courts to declare the Royal College of Nursing’s upcoming strike action planned for 30 April to 2 May to be unlawful.

“The government firmly believes in the right to strike, but it is vital that any industrial action is lawful and I have no choice but to take action. Strike action with no national exemptions agreed, including for emergency and cancer care, will also put patient safety at risk.

“This legal action also seeks to protect nurses who could otherwise be asked to take part in unlawful activity that could in turn put their professional registration at risk and would breach the requirements set out in the nursing code of conduct.”

The RCN announced the 48-hour strike action on 14 April after rejecting a pay offer from the government.

UNISON members have accepted the agreement while Unite’s ambulance crew members are also planning action on 2 May.

Commenting on the government’s legal action, RCN general secretary & chief executive Pat Cullen said: “This move is nakedly political. Nurses will not be gagged in this way by a bullying government.”

NHS employers claim the RCN’s strike on 2 May is outside its mandate for strike action, which lasts for six months from the point a statutory industrial action ballot closes.

The RCN argued that having closed its ballot at midday on 2 November, legal precedent indicated its mandate lasted to midnight on 2 May. NHS Employers argue it only lasts until midnight on 1 May.

Cullen added: “We’re clear that court arguments should only relate to 2 May and not the 30 April and 1 May.

 “The government is now desperate to silence nurses rather than address this properly. We want to be in the negotiating room, not the courtroom.”