2024-03-25 13:12:14
In late 2022, PLEA responded to a consultation by the General Pharmaceutical Council on guidance on fitness to practise hearings and outcomes. The GPhC has now published the new guidance which takes immediate effect –https://www.pharmacyregulation.org/sites/default/files/document/gphc-fitness-to-practise-hearings-outcomes-guidance-march-2024.pdf . It replaces the GPhC’s previous sanctions guidance.
The new guidance highlights the need to carefully consider cultural sensitivities during a hearing and consequently when making decisions about a pharmacy professional’s fitness to practise. This includes consideration of any cultural or individual characteristics.
The guidance also emphasises how seriously concerns involving discrimination need to be taken, and that fitness to practise decision makers should, when deciding on an outcome, take into consideration the seriousness of any discriminatory behaviour.
Ironically, the guidance, which was published almost at the same time as the High Court dismissed an appeal against the leniency of a warning given for antisemitic comments by a pharmacist (see our news item of 17 March 2024), has this to say about the use of racially motivated actions or words:
“Because of the serious nature of these types of concerns and the impact on public trust and confidence in the profession, the committee should usually consider outcomes at the upper end of the scale. More serious outcomes are likely to be appropriate where a case involves discrimination against patients, colleagues or other people who share protected characteristics, either within or outside their professional life or where there was a pattern of repeated discriminatory behaviour, behaviour was intentional, frequent and with very negative consequences for patients. This can include:
- abusive verbal comments, including hate speech, or offensive writing (including on social media or public platforms) towards someone because of their protected characteristics
- comments on social media or public platforms about a particular group of people because of their protected characteristics…”