“Zero tolerance of sexual harassment” – GMC
The General Medical Council (GMC) placed specific emphasis on its “zero tolerance of sexual harassment” in the updated Good medical practice that, for the first time, includes a “clear definition of what constitutes it and an expectation that doctors who see such behaviour will act”.
Good medical practice 2024
The GMC has published an update of the Good medical practice, which details the “principles, values and standards” expected of doctors working in the UK. It is the first major update to the guidance in ten years.
The areas of particular notice in the updated Good medical practice (GMP) are updates relating to:
- creating respectful, fair and compassionate workplaces for colleagues and patients
- promoting patient centred care
- tackling discrimination
- championing fair and inclusive leadership
- supporting continuity of care and safe delegation.
The GMC placed specific emphasis on its “zero tolerance of sexual harassment” in the updated GMP that, for the first time, includes a “clear definition of what constitutes it and an expectation that doctors who see such behaviour will act”.
Sexual harassment in the Good medical practice
Under the new “Domain 3: Colleagues, culture and safety”, the GMP states (summarised):
“Everyone has the right to work and train in an environment which is fair, free from discrimination, and where they’re respected and valued as an individual.”
“You must not act in a sexual way towards colleagues with the effect or purpose of causing offence, embarrassment, humiliation or distress. What we mean by acting ‘in a sexual way’ can include – but isn’t limited to – verbal or written comments, displaying or sharing images, as well as unwelcome physical contact.”
Additionally, the updated GMP states:
“If you witness any of the behaviours described in paragraphs 56 or 57 you should act, taking account of the specific circumstances.”
For doctors in management positions, the updated GMP also states:
“If you have a formal leadership or management role and you witness – or are made aware of – any of the behaviours described in paragraphs 56 or 57, you must act. You have to make sure such behaviours are adequately addressed, make sure people are supported where necessary, and make sure concerns are dealt with promptly, being escalated where necessary.”
Maintaining personal and professional boundaries
The GMP makes clear that doctors “must follow” the GMC’s more detailed guidance on maintaining personal and professional boundaries.
This guidance covers situations where a doctor finds themselves in a situation where they are unsure about the behaviour or comments a colleague may have made, which may breach professional boundaries and require action.
MPTS Sanctions & sexual harassment
The Medical Practitioners Tribunals (MPT) Sanctions Guidance[1] states (summarised & emphasis added):
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“Doctors are expected to work collaboratively with colleagues to maintain or improve patient care.
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“More serious outcomes are likely to be appropriate if there are serious findings that involve … sexual harassment.
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“Sexual misconduct … encompasses a wide range of conduct from criminal convictions for sexual assault and sexual abuse of children (including child sex abuse materials) to sexual misconduct with patients, colleagues, patients’ relatives or others.
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“Sexual misconduct seriously undermines public trust in the profession. More serious action, such as erasure, is likely to be appropriate in such cases.”
Allegations of sexual harassment and misconduct attracts the most serious sanctions available to the GMC and an MPT. Under the outgoing GMP, allegations relating to sexual harassment and misconduct fell under the heading of “Maintaining Trust” and according to GMC data, allegations relating to this heading constituted the second-highest category of complaints and allegations.
We need to be clear though that “Maintaining Trust” covers a range of allegations and therefore not exclusively an indicator of the number of allegations relating to sexual harassment and misconduct. It does however serve as a good indication of the high prevalence of this type of complaint and allegation and the need, therefore, for doctors to take extra care to safeguard themselves.
Good Medical Practice – when was the last time you actually read it?
The GMP is the key document in which the GMC sets out your ethical duties as a doctor, and it is used as a benchmark in virtually all tribunal decisions. When listing factors that help to determine the seriousness of sanctions that would be appropriate, the top item on the list is:
“The extent to which the doctor departed from the principles of Good Medical Practice.”
It is important that doctors take the time to read and understand the Good Medical Practice to safeguard their registration.
Kings View Barristers
With over 30 years combined experience, Kings View Chambers have established itself as one of the best when it comes to fitness to practise defence. We fully understand that fitness to practise defence is not merely about processes and procedures. We also understand that we are working with people who are anxious and worried about what investigations might mean for them, their professions and the reputations.
We are proud to be rated ‘excellent’ by our clients. Our commitment to client care is genuine in both seeking the very best outcomes for our clients, but also ensuring we do what we can to support them through the process.
[1] Guidance for new hearings starting on or after 16 November 2020.
Is legal representation the answer?
It is widely accepted and proven that legal representation makes a real difference to the outcome of investigations and results in lesser sanctions for doctors.
What is also unquestionably clear is that GMC investigations and MPTS hearings are complex, daunting, prolonged and legalistic leaving doctors stressed and anxious. Where legal advice and representation can have the biggest impact on this, is helping doctors understand the process, what to expect and how to engage with the GMC during an investigation and hearing.
Research has shown that registrant’s engagement and legal representation can impact on decisions about seriousness, and that the lack of legal representation has been identified as being associated with more severe sanctions outcomes in fitness to practise cases, stating:
“Legal representation was seen as important by participants because legal advice could support and guide registrants through the FtP process, which is complex and legalistic. Legal advice was seen as important in aiding registrants to understand regulators’ expectations, especially in terms of the need for registrants to demonstrate insight and perhaps to show evidence of remediation activities. Lack of legal representation was, therefore, seen to potentially have an impact in terms of the seriousness of the outcome for registrants who are perhaps unaware of how to present their case to best effect.”
A compassionate approach to legal representation
The right legal advice and representation is not just about the legalities and technicalities of a case. Our barristers fully understand the stress and anxiety that doctors experience during prolonged GMC investigations.
We also understand that we are working with people who are anxious and worried about what investigations might mean for them, their professions and the reputations.
We never lose sight of the human aspects of FtP investigations and hearings. We will always give an open and honest assessment of cases, but we will marry that with an approach that also supports health and care professionals through the duration of a case.
“I was not optimistic about the case, I felt that it is a lost case that we couldn’t do much about and especially just before the start of the trial I lost my confidence and was very nervous. Mr McCaffrey was there to prove me wrong. He turned everything around in a victorious , panegyric manner. I was stunned.” – CL
Catherine is professional, empathic and very knowledgeable. She provided all the necessary assistance throughout the long thorough investigation. – AR
A colleague recommended me to Catherine. She was very experienced , professional, empathetic , non-judgemental and listened to me. – Mel
I found myself consumed with dark thoughts, isolated and afraid. Stephen worked with me and slowly but surely formulated a plan not to just to fight my case and win, but to build me back up bit by bit so as to prepare me to face external scrutiny and present with confidence to panels where this was necessary. – FJ
What you can Expect when Instructing Kings View
All clients are entitled to an initial, no obligation and free telephone consultation about their case. During this consultation, we will outline the stages and next steps, including indicative timeframes and fixed price quotations for preparation and representation and confirmed in writing at each and every stage.
We understand that timescales are entirely dependent on the stage you are at in proceedings, what work needs to be done and dictated by internal investigations or hearing dates. We always meet those timescales however should more time be needed, then we will apply for such on your behalf and with your permission.
Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.
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