Recommendation 231

Nursing and Midwifery Council procedures and trust disciplinary procedures

Accepted
It is essential that, so far as practicable, Nursing and Midwifery Council procedures do not obstruct the progress of internal disciplinary action in providers. In most cases it should be possible, through cooperation, to allow both to proceed in parallel. This may require a review of employment disciplinary procedures, to make it clear that the employer is entitled to proceed even if there are pending Nursing and Midwifery Council proceedings.

The Nursing and Midwifery Council have made clear their view that their procedures should not obstruct internal disciplinary action, and that it would not expect the making of an interim order by the Nursing and Midwifery Council to prevent the completion of disciplinary action.  The Nursing and Midwifery Council will review the guidance it provides to employers and the public to ensure that this issue is addressed clearly.

Update

The Nursing and Midwifery Council maintains the position that any interim order imposed by the Nursing and Midwifery Council should not impact further disciplinary action by the employer with regards to an individual nurse or midwife. The Nursing and Midwifery Council continue to work with employers to ensure they are aware of any action being undertaken by the Nursing and Midwifery Council and that they are aware of their role in the process.