Strike Off Sought – No Misconduct, No Impairment (COVID Isolation)

We acted for the registrant in NMC fitness to practise proceedings concerning alleged failures to follow COVID‑19 isolation protocols and historic allegations of excessive working hours.

We first challenged the evidential basis of the case, successfully opposing the admission of extensive hearsay material from the Trust’s internal investigation and resisting reliance on a local management report and multiple untested staff statements. When the NMC sought an adjournment to secure reluctant witnesses, we opposed the delay, but the panel ultimately granted the application in light of public interest considerations.

We then pursued targeted interlocutory applications, obtaining redactions to speculative and irrelevant parts of the line manager’s evidence and securing the dismissal of the household‑isolation charge for lack of evidential foundation. We subsequently advanced a no‑case‑to‑answer submission on the “excessive hours” and “inadequate breaks” charges, which the panel upheld on the basis that there was no objective benchmark or policy evidence to demonstrate that the hours worked breached professional standards.

After our client gave evidence, the panel found a single allegation proved on a strict‑liability basis: that she had attended work between 13 and 17 April 2020 while experiencing COVID‑19 symptoms. We argued that this represented an isolated, honest misjudgement made in unprecedented circumstances, against a background of an otherwise unblemished career and ongoing safe practice.

The panel accepted that the conduct was at the lower end of the spectrum, did not amount to serious professional misconduct, and therefore did not warrant a finding of impairment. As a result of our approach, the case concluded with no finding of misconduct, no impairment, and no sanction; our client continues to practise without restriction.

What this means if you’re facing similar allegations

Not every proven allegation amounts to serious misconduct or impairs your fitness to practise. Challenging weak or hearsay evidence early, and placing an isolated lapse in its proper context, can prevent a finding of impairment. If you face historic or single-incident allegations, targeted legal challenge to both the evidence and its seriousness is often key.

Facing a NMC case? Learn more about our Nursing and Midwifery Council (NMC) defence services, or contact us for a free case evaluation.