Nurse regulator clarifies its position in respect of possible industrial action by nurses and midwives 09/10/2011

Professor Dickon Weir-Hughes, Chief Executive and Registrar of the Nursing and Midwifery Council (NMC) clarifies the NMC's position in respect of possible industrial action by nurses and midwives

Professor Weir-Hughes said:

"As stated in our previous press release (reference number 32-2011, dated 6 October 2011) we recognise that many nurses and midwives are members of trade unions and respect their democratic right to express support for their trade unions and to lobby on a wide range of issues. This does of course include their right to support and take part in strike action.

"The NMC respects those rights and wishes to confirm this in response to questions from Unison as to its position.

"The NMC exists to safeguard the health and wellbeing of the public. It naturally has concerns as to the impact of any industrial action on patients and potential risk to their wellbeing but recognises that it is primarily the responsibility of employers to ensure there is adequate cover in the event of any such lawful industrial action.

"Nurses and midwives are bound by the obligations of their code of professional conduct, the code: Standards of conduct, performance and ethics for nurses and midwives (NMC 2008).

"The code fulfils, of course, the NMC's principal statutory function (to establish standards of conduct and performance and to ensure the maintenance of those standards), and its main statutory objective (to safeguard the health and well-being of persons using or needing the services of registrants): articles 1(2), 1(4) and 21(1) of the Nursing and Midwifery Order 2001. It does not cease to apply during the calling and conduct of lawful industrial action

"The code does not prohibit nurses and midwives from taking part in lawful industrial action but they remain, as regulated professionals, subject to their professional obligations under the code. Any breach of the code, whether arising from otherwise lawful industrial action or otherwise, may result in disciplinary action.

"In particular we remind nurses and midwives that the requirements to share information with colleagues (paragraphs 21-22 of the code) will continue to apply even after industrial action has started; while the duty to keep clear and accurate records (paragraphs 42-47) becomes especially important where it is understood that alternative cover is to be provided.

"We have every confidence that those regulated by the NMC will continue to adhere to the high standards required of the professions."