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Northern Ireland
Perry v Nursing and Midwifery Council [2012] EWHC 2275
Published on: 07/09/2012
Issues Covered:
Dismissal
Article Authors The main content of this article was provided by the following authors.
Background Following his summary dismissal for gross misconduct after an allegation of inappropriate behaviour towards a client, the applicant‟s registration as a mental health nurse was suspended by the respondent by means of an interim order imposed by the Nursing and Midwifery Council.The respondent informed the appellant by letter that an allegation that his fitness to practice as a nurse was impaired had been received by its Investigating Committee. The letter further informed him that an interim orders hearing would be held, pending a decision as to whether he had a case to answer.The letter explained that the interim orders hearing could either impose conditions on the appellant's practice as a nurse or suspend his registration. It added that an interim order may be necessary because the allegations concerned an inappropriate and sexualised relationship with a patient, behaviour which, if repeated, posed a risk of psychological harm to clients. Thus an order might be necessary for public protection and to maintain the public confidence in the profession.Mrs Justice Thirwall decided in favour of the claimant as she considered that imposing conditions for employment could still achieve adequate protection of the public, without the need to resort to suspension: 110"The applicant's detailed undertakings/proposed conditions were worthy of consideration and in my judgment could have been refined or, if necessary, improved by the panel to meet the risk to vulnerable service users. Plainly if no one is prepared to employ the applicant on such conditions the applicant will not be able to practise. There will be no risk to the public. If an employer is prepared to take him on those terms then he and the public have the benefit of a nurse in practice, albeit strictly circumscribed."http://bit.ly/Tdymh3

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 07/09/2012
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