What is fitness to practise?
Raising a concern about a professional on our Register
Information for registrants if a concern has been raised
Information for employers and managers

When should an employer or manager raise a concern?
How to raise a concern
What to expect from us if you raise a concern
The investigation process - flowchart
The investigations process - further information
What happens if previous concerns have been raised about an employee?
What happens if the case is referred to a hearing?
What happens if someone else raises a concern about one of my employees?

Information for witnesses
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Home > Concerns > Information for employers and managers > When should an employer or manager raise a concern?

When should an employer or manager raise a concern?

Employment issues

Incidents involving employment issues which do not affect the safety or wellbeing of service users do not need to be referred to us.

Examples are:

  • lateness or poor time keeping (unless it has a direct effect on service users);
  • personality conflicts (as long as there is no evidence of bullying or harassment); or
  • sickness or other absence from work (as long as there is no misconduct, such as fraudulent claims, and the registrant is managing their own fitness to practise).

Local Resolution

We recognise that employers and managers deal with situations concerning the misconduct, lack of competence and ill health of their staff every day, and that this will include situations with our registrants. In most cases, these situations can be resolved quickly and proportionately through local procedures.

If issues are resolved satisfactorily at a local level, it is unlikely that there will be evidence to suggest that the registrant’s fitness to practise is impaired. So if it is referred to us, we would normally close the case without taking any further action. We are unlikely to find evidence that a registrant’s fitness to practise is impaired in cases:

    ✓ relating to relatively minor conduct, competence or health issues;
    ✓ where the registrant has acknowledged, and has insight into, any failings;
    ✓ where appropriate remedial action has been taken;
    ✓ where the behaviour is unlikely to be repeated; and
    ✓ which do not raise any wider public protection issues, such as confidence in the profession or regulatory process or deterring other registrants.

What concerns should I tell you about?

Whether or not you need to tell us about a concern will depend on the circumstances and the seriousness. The information above will help you make this decision. However, we should be told if:

    ✓ the behaviour or actions of a registrant have raised concerns about their fitness to practise;
    ✓ you have dismissed or suspended a registrant;
    ✓ you have taken the decision to downgrade the status of a registrant (for example, you restrict the work they can do, you place them under supervision, or you move them to a lower skilled or lower paid job).

If you or anyone in your organisation is in any doubt about whether we need to be told, you should contact us.

Remember that issues that cause you to take disciplinary action may not result in us placing any sanction on the registrant. In other cases, we may take more serious action than you. This may mean that the registrant cannot work in their profession or has restrictions placed on their practice. Fitness to practise and employment processes are different and can result in different outcomes.

When should I refer a concern to you?

You should refer a concern to us immediately if:

    ✓ your concerns are serious, for example, they involve dishonesty, violence or detriment or harm to service users;
    ✓ you have dismissed, suspended or downgraded a registrant’s status while you are investigating a fitness to practise concern about them or as a result of your investigation;
    ✓ a registrant resigns while you are investigating a fitness to practise concern about them or as a result of your investigation; or
    ✓ a registrant has been charged with, cautioned for or convicted of a criminal offence.

Otherwise, you should normally refer a concern to us when you know the outcome of your disciplinary process.

Letting us know about a matter does not necessarily mean that we will begin fitness to practise proceedings immediately, or ask you to suspend or end your own procedures. In many instances it will be more appropriate for us to wait until you have finished your procedures.

Even if we do not immediately pursue an allegation, once we have been told about it, we are better placed to protect the public. For example, once we are made aware of an allegation, the registrant concerned cannot avoid the consequences by removing themselves from the Register or allow their registration to end.

We can also place interim restrictions on a registrant’s right to practise, if that proves to be appropriate. You can find more information about by clicking here.

Related Documents
Fitness to practise referral form - EmployersMicrosoft Word Document101kb
Information for employers and managers: The fitness to practise processAdobe PDF Document120kb

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