The Royal College of Midwives (RCM) prides itself in being able to provide advice and representation to its members in relation to employment and regulatory matters. Advice is provided by its local representatives, and by its officers, who are registered midwives, and all trained in employment relations and employment law and professional practice matters.
We will not be able to process the case and represent a member until we have received a signed returned copy of the RCM Representation Assistance Agreement.
We use the term representation in this agreement to cover advice, support, and representation.
Conditions for providing assistance
To receive representation a member must have been in full membership at the time of the incident. We will be unable to help you with any issue that predates full membership or occurred during a break in your membership. Membership must be maintained in an appropriate membership category until the case is concluded for the RCM to continue with representation.
Representation is provided on the understanding that the RCM is your sole representative, and that you have not previously or are not currently being advised or represented on the matter by another union or representative.
The RCM will nominate the most appropriate person to represent the member which could be the local representative or regional/national officer. We would anticipate this to be the local RCM representative in most cases. If necessary, the local RCM representative may access assistance from the RCM officer seeking advice on behalf of the member. In some circumstances your case may be reallocated at a later stage, and you will be informed of any such decision.
Agreement – What you can expect from us
- We will provide you with advice, support and where appropriate representation on the matters covered by this agreement.
- Our local representatives and officers will treat you with dignity and respect when handling your case
- Representation will be provided at the discretion of Chief Executive or Director of Representation and Organising (or in her absence an RCM Director) and may be withdrawn at any time at her/his discretion. Employment/NMC Assistance may be withdrawn if it is considered appropriate to do so in the wider interest of the RCM.
- Employment Tribunal proceedings will be supported, and representation provided, in those cases where the RCM representative and / or RCM officer is of the view that there are reasonable prospects of success. In order to make that merits assessment the representative may via the RCM officer seek a legal opinion if either believe it to be necessary
- In limited circumstances, where an RCM member is receiving representation, the Chief Executive or Director of Representation and Organising (or in their absence an RCM Director) may authorise its officers to seek legal advice from nominated solicitors. In these instances, relevant information about the member and case will be shared with the solicitor. That authorisation does not extend to instructing solicitors to act directly for or represent members. Authority for officers to consult solicitors is at the sole discretion of the RCM.
- If Employment Tribunal proceedings are commenced, then although the member may be held primarily liable for any costs incurred, the RCM will indemnify the member against any such costs providing they comply with the conditions set out in this agreement.
- Where an RCM member is referred to the NMC it is important the member contacts the RCM regarding representation immediately. If the member is required to attend an Interim Orders Hearing or the case if referred to the Conduct and Competence Committee a nominated solicitor will instruct a barrister to represent the member.
- When the RCM instructs a nominated solicitor to provide representation on either an employment issue or at an NMC hearing the member will be required by the solicitors to sign a Declaration Form of Authority.
- RCM Employment Assistance does not apply to any claims made against the RCM by its members, whether in their capacity as employees or members, and the RCM will not in any circumstances provide legal advice and assistance in relation to such matters.
Agreement – What we expect from you
- You will have been at the time of the incident, and remain, a fully paid up member of the RCM, in the appropriate membership category, throughout the full period where support is being provided under this agreement.
- You will treat your representative or officer with dignity and respect. Failure to do so may result in representation being withdrawn.
- You will be expected to cooperate with your representative by being honest and transparent about any allegation made against you or in respect of any grievance you have. Your representative can only assist you if they have the full facts. Failure to do so may result in representation being withdrawn.
- You will always cooperate with the appointed RCM representative and act in accordance with their advice. If you do not cooperate with or accept the advice given, or give false or misleading information, representation may be withdrawn.
- You will notify your RCM representative immediately if your circumstances change or any new information comes to light regarding your case.
- Representation is provided on the understanding that the RCM is your sole representative. The RCM cannot be held responsible for any costs and expenses incurred if you have opted out of its representation, or if representation has been withdrawn. Nor will representation be provided in respect of appeals or higher level hearings against a decision arising from representations where you have opted out of representation or representation was withdrawn
- It is essential all up to date personal contact information is provided to the RCM, update your membership records via our website https://www.rcm.org.uk/ or call RCM Connect 0300 3030 444.
- The RCM reserves the right to use anonymised details of your case and its outcome in publicity, case studies and learning materials.
