Members
1 What should I do if I am referred to my professional registration body or the vetting & barring scheme?2 Am I eligible for representation?
3 How do professional registration bodies deal with referrals?
4 Who can refer me and why?
5 How should I prepare for my hearing?
6 What will happen at my hearing?
1 What should I do if I am referred to my professional registration body or the vetting & barring scheme?
If you're professional registration body informs you that you are under investigation for any allegations or complaints, or if you think that you might be referred for investigation in the future - contact your local UNISON branch immediately.
Give your local UNISON representative a copy of any documents that your professional registration body has sent to you about their investigations.
Give your local UNISON representative a copy of any documents you have about the complaints/allegations, including copies of the notes of any relevant meetings or disciplinary hearings.
Make a note of anyone who might in the future be able to provide you with information about the incident that led to the complaint (eg witness statements)
Make a note of any information that might assist your case in the future (eg list medical or any client records relevant to the incident that led to the allegation or complaint)
Complete a UNISON case form or update your case form if you have previously completed one, your UNISON branch representative will provide the form and help you to complete it.
Your UNISON branch representative will refer the matter urgently to the regional office for assistance.
For further information
download the advice for members leaflet (PDF)
2 Am I eligible for representation?
UNISON will represent you if you have been a UNISON member without a break in membership for 4 weeks prior to the incident leading to the allegations and that you are still a current member.
It is essential that you maintain your UNISON contributions whilst UNISON is supporting your case.
If you have lost your job and are unemployed you can pay contributions at the unemployed member's rate for a period of two years.
If you have left the union you are not entitled to UNISON support.
3 How do professional registration bodies deal with referrals?
When a complaint is received by the professional registration body it will be referred to an investigator (in some cases an external solicitor), whose job at this stage will be to examine whether or not there is a case to answer.
Your professional registration body will ask you to respond to the allegations or complaints by a certain date and they will use your response to help them decide whether there is a "case to answer" against you, which will require further investigation and possibly, a hearing- do not submit your response without UNISON guidance.
Your professional registration body may ask you to attend a short notice hearing where they will consider whether they should impose an Interim Order (ie a suspension or conditions of practice on your registration); if they do you must contact your UNISON branch at once to ask for UNISON representation at the Interim Orders hearing. This will usually be a case officer based at UNISON National office.
Click here for information on Vetting & Barring Scheme referrals
4 Who can refer me and why?
Employers: This may be if your employment has been terminated on the grounds of misconduct, capability/lack of competence or health.
If you have had a disciplinary or subject to a disciplinary regardless of the outcome you may be referred.
Members of the public: This would usually be a service user, patient or relatives who have concerns around your conduct, competence or standard of care provided.
Police: Professional registration bodies receive information from the police about everything from minor motoring offences to very serious matters such as rape, murder, theft and fraud. Minor convictions usually have no bearing on a person's registration status but more serious convictions can result in suspension and removal from the register. If you accept a caution you will also be referred to your professional registration body.
Colleagues: A colleague may have concerns around your competence, conduct, health, knowledge and skills.
Professional registration bodies: Professional registration bodies can act independently if they discover information in the media which calls into question a registrants fitness to practise.
Vetting & Barring Scheme & Protection of Vulnerable Groups Scheme: Once these schemes are implemented they will refer cases to your professional body if they consider there is a risk to the public.
Click here for information on the Vetting & Barring Scheme
5 How should I prepare for my hearing?
First of all know your case:
6 What will happen at my hearing?
Hearings are usually held in public. This means that members of the public including the press can attend. All or part of the hearing may be held in private if the panel think they need to protect patient confidentially, financial matters of the registrant, details of the registrants health or children are involved.However hearings will only be heard in private if it outweighs the public interest in hearing the evidence in public.
Panels are usually made up of three people who will include a registrant and a lay person. A legal assessor will also be there to give the panel and other people involved advice and information on the law and procedure.
The registration body solicitor will normally open the hearing by presenting the case against you. They will then call their witnesses.
Your representative will then have the opportunity to cross examine each witness. The panel may then question the witness.
Your representative may then call you and any witnesses on your behalf to give evidence.
The panel will leave the room to decide whether the allegation(s) are proven. If they decide the case is proven, they will say that it is well-founded.
The panel will then consider whether there is current impairment (if facts/misconduct/lack of competence proved)
They will then consider what sanction to impose.
Download information on sanctions (PDF)
The process is slightly different if you accept all the allegations against you, your representative may present your mitigation to the panel on your behalf and answer any questions they may have.
Therefore the facts are already proven by way of your admission.
The hearing process can differ slightly depending on which professional registration body hearing you are attending.
Click here for information on professional registration bodies

