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Nursing staff are allowed to go on strike

RCN members took successful, legal strike action in 2019/20. You would be entitled to pursue an unfair dismissal claim if you were dismissed for taking part in protected industrial action.

Patient safety will be maintained

During any RCN industrial action, some nursing staff will continue to work to ensure that life-preserving services are provided. This is commonly known as derogation and will be carefully negotiated with employers before any strike action. Read: Striking a balance: patient safety during industrial action and Nursing strike: ‘Our priority was patient care’.

Striking is lawful

The only reason we’re contemplating industrial action is because the nursing workforce crisis is now putting patients at risk, and as pay continues to fall behind inflation, this significantly contributes to staff shortages.

Our legal and employment relations team will carefully follow the strict rules trade unions must comply with to ensure any strike action is lawful.

Standing on a picket line is optional

Picket lines will be in place on days of strike action, but it is a personal choice whether you participate.

Strikes do work

Strike action is a powerful way to force change. The 2019/20 strike action taken by RCN members in Northern Ireland was successful in achieving pay parity and commitments to safer staffing. Read the 2020 news story: RCN members in Northern Ireland accept proposals on pay parity and safe staffing.

In England, Scotland and Wales, the legislation states that industrial action ballots must achieve at least a 50% turnout and the majority must vote yes for strike action to be lawful.

Our recent indicative ballot of members working for the NHS in Scotland showed we can surpass these important thresholds – well over 50% turned out to vote, far more than those voting in 2021.

Our strike action will not jeopardise your NMC registration

The NMC issued an updated statement on 30 August 2022 confirming that registrants have a right to participate in lawful industrial action. The RCN will never ask members to act outside the NMC Code.

The nursing workforce crisis is now putting patients at risk

Strike benefit is payable from day one of action

Your employer is entitled to withhold your pay if you take part in strike action and pension contributions won’t be made on those days. However, members who participate in strike action and lose pay are entitled to RCN strike benefit of £50 per strike day from the first day of action.

Strike payments aren’t taxable earnings, so you’ll benefit from the whole amount. Exceptions can also be made for members who would suffer long-term financial loss because they participated in industrial action. 

Read: Members taking strike action to receive increased payment from RCN.

The public supports us 

RCN polling has shown the majority of the public support nursing staff taking industrial action and the number of public supporters joining the RCN’s campaign has grown significantly.

In September a poll showed 64% of the public would support a strike by nursing staff, and 75% are sympathetic to the position we
are in. Our industrial action isn’t just about pay, it’s also about safe and effective patient care.

Paying nursing staff fairly is a political choice

Government spending and income are not independent of one another. When public sector workers' wages are cut, they spend less in the economy overall, harming other businesses. They also pay less tax. It’s a political choice to pay nursing staff fairly.

You don't need your manager’s permission to strike

The ballot is entirely confidential – your employer won't know if or how you have voted. You don’t need your employer or manager’s support to take industrial action.

This matters to all of us

We’ve always been clear that what governments pay staff in the NHS is an indication of what they believe nursing staff in any setting deserve. Wherever you work, you deserve and need a pay rise – parity with the NHS is the minimum you should get.

We’ll continue to support RCN members who work for other employers, to seek appropriate recognition by way of pay and working conditions.

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