The Head of Health at Unison, Karen Jennings, said that “I find it incredible that the NHS chief executive would say he believes there is no legal duty on the secretary of state to consult on the merits of the proposals in the white paper. The white paper contains sweeping changes to the NHS and how it should be run. The NHS constitution enshrines the principle that the public, staff and unions have an absolute right to be consulted. And that means not only on how the proposals are to be implemented, but also whether they should go ahead in the first place. The Department for Health’s refusal to recognise this clear and important legal duty leaves us no option but to issue legal proceedings as a matter of urgency. “
The government will contest the legal challenge.
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