NHS leaders person written to the wellness caput asking him to cheque with the courts if the adjacent nurses' onslaught successful England is legal.
The Royal College of Nursing is readying a 48-hour walkout starting astatine 20:00 BST connected Sunday 30 April.
NHS Employers says it has received ineligible proposal that the timing of the concern enactment would beryllium unlawful.
The RCN disagrees, saying the onslaught falls wrong the required six-month play from erstwhile votes were cast.
If the RCN is wrong, the full onslaught whitethorn request to beryllium called off.
NHS Employers says it believes ballots closed astatine midday connected 2 November 2022, meaning enactment connected 2 May - the past time of the planned onslaught - would not beryllium covered by the onslaught mandate.
In his missive to wellness caput Steve Barclay, NHS Employers Danny Mortimer said: "The proposal that we person received makes wide it is highly apt that if the notices for concern actions are incorrect successful 1 respect, past they are incorrect successful full and that the onslaught enactment for the full play of 30th April to 2nd May is illegal."
RCN General Secretary and Chief Executive Pat Cullen warned that "bullying" nurses and dragging them done the highest courts "would not beryllium a bully look" for government.
"It would amusement utter contempt for nursing staff. We volition marque the lawsuit for the legality of our enactment successful each forums."
The BBC has approached the Department for Health and Social Care for comment.
The planned walkout from 20:00 BST connected 30 April to 20:00 connected 2 May volition impact NHS nurses successful exigency departments, intensive care, crab wards and different wards.
Nurses person already walked retired doubly this twelvemonth - connected 6 and 7 February and connected 18 and 19 January - but connected those dates determination were exemptions, truthful that nursing screen was maintained successful captious areas.
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