Disclosing past complaints to new employers

Case Study

A female patient underwent a flexible sigmoidoscopy, a procedure typically performed without sedation. During the examination, conducted in the presence of supporting  staff nurses, technical difficulties arose due to poor lighting and the patient’s bowel contents. Consequently, the scope was inadvertently inserted into the patient’s vagina. The error was immediately recognised and rectified, and the procedure continued without further issues.

Following the examination, the patient lodged a complaint, alleging that the incident was  deliberate and amounted to serious sexual assault. The Trust conducted a thorough investigation and concluded that the event was an unintentional error. No further action was needed  beyond issuing an apology, and the patient did not pursue the matter further.

Subsequently, Dr X applied for a position at another workplace. The new employer inquired about any complaints filed against Dr X and requested further details. Concerned about the severity of the initial complaint, Dr X sought clarification from MDS on the legal obligation to disclose specific details of a complaint that was ultimately deemed without merit.

MDS advice

Medical professionals are required by the GMC, amongst other legislation and guidance (the Fitness to Practise Rules 2004 and Good Medical Practice), to demonstrate their fitness to practice and inform employers of any past or pending relevant disciplinary actions. MDS advised that Dr X had fulfilled this obligation by disclosing the fact that a complaint was made and that the Trust did not deem it necessary to escalate the matter. There is no regulatory requirement to provide further details unless the complaint led to a GMC referral or investigation, which was not the case here.

MDS further highlighted that many Consultant employment contracts may include broader disclosure requirements. Withholding information that an employment contract or recruitment process requires could lead to a breach of contract and dismissal. Therefore, MDS suggested that Dr X consider providing some additional context, if comfortable, to reassure the potential employer.

Following Dr X’s disclosure and providing the full context to the new employer, no further advice was needed. Both Dr X and the new employer were satisfied with the information provided.

Learning points

• Chaperones: Practitioners should ensure chaperones are present during sensitive procedures, especially those performed without sedation, provided the patient consents. This practice can reassure patients, promote transparency, and protect practitioners from false allegations.
• Disclosure Obligations: There is no strict legal requirement to disclose the details of unfounded allegations to prospective employers unless those matters were referred to the GMC. However, practitioners should carefully review the recruitment process and their employment contracts for specific disclosure requirements.
• Transparency: Practitioners should be mindful of reassuring new employers about their openness and transparency regarding past investigations. When disclosing past complaints to employers, providing context can help address concerns and protect professional reputation.

This case emphasises the delicate balance between transparency and protecting one’s professional reputation in the medical field. Even unfounded allegations of a sensitive nature can have long-lasting implications. Therefore, practitioners should proactively understand their regulatory and contractual obligations and seek medico-legal advice when facing complex disclosure situations.

MDS can help

Are you unsure whether you should be disclosing past complaints to employers during the recruitment process? Not sure how much detail to include and what the requirements are? If you are a MDS member we can help you getting this process right. Call our office on 0300 30 32 442 or email or case managers at [email protected].

Not an MDS member? Get in touch and join today!