Plans to let agency nurses provide strike cover revived
Unions have criticised a government plan to let agency nurses provide strike cover, despite a High Court ruling against it, saying it compromised patient safety
The government has resurrected controversial plans that would enable hospitals to hire agency nurses to provide cover on strike days.
Government seeks to lift ban on agency cover for staff on strike
Ministers announced they would again seek to lift a ban on employment agencies supplying staff during official strikes after a previous attempt was overturned by the High Court.
Last year the government revised a law on the way employment agencies operate by removing a rule preventing them providing cover during strikes. But the change was overturned by the High Court in June this year because the government had failed to consult unions.
The presiding judge rebuked ministers for acting in a way that was ‘unfair, unlawful and irrational’.
However, the government has now said it will push ahead with the plan and would launch a consultation on removing the disputed rule from the legislation ‘in due course’.
Unions say ‘irrational’ plan would compromise patient safety
TUC general secretary Paul Nowak said bringing in agency staff during industrial action was a risk to patient safety and could make disputes worse.
‘Agency recruitment bodies have repeatedly made clear they don’t want their staff to be used as political pawns during strikes. But ministers are not listening,’ he said.
‘Despite suffering a humiliating defeat at the High Court, they are bringing back the same irrational plans.’
The announcement came at the same time as confirmation of plans to enforce minimum service levels for ambulance staff, with plans to do the same for hospitals also in the pipeline.
The Strikes (Minimum Service Levels) Bill – dubbed the ‘sacking nurses bill’ by opponents – passed earlier this year and allows the government to set minimum service levels for healthcare and other key services.
It means a nurse can be required to work on a strike day and could face disciplinary action or dismissal if they refuse.
A consultation on minimum service levels for hospitals, which would mean nurses and doctors would also be required to provide a certain level of cover during industrial action, closes on 14 November.
Anti-strike legislation dubbed ‘spiteful’ and ‘unworkable’
Unions have described the anti-strike legislation as ‘spiteful’ and ‘unworkable’. Unison head of health Sara Gorton said: ‘Unions already agree responsible measures to protect patients ahead of any industrial action.
‘Threats to extend minimum service levels only emphasise that this is a government living on borrowed time.’
GMB national secretary Rachel Harrison said: ‘The stark truth is that public services are not able to deliver safe staffing levels on any day, not because of strikes but because of years of underfunding.
‘While the government continues to scapegoat staff, it is patients and workers who will continue to pay the price.’
Health and social care secretary Steve Barclay said the regulations provide a safety net for trusts and assurance to the public that vital emergency services will be there when they need them.
‘We will continue to take steps to protect patient safety and ensure health services have the staff they need to operate safely and effectively, no matter the circumstances.’
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