RCM statement on University Hospitals of Morecambe Bay NHS Foundation Trust and confidential compromise agreement

By RCM on 14 October 2016

A confidential compromise agreement between a member of the Royal College of Midwives and University Hospitals of Morecambe Bay NHS Foundation Trust has been released by the Trust to a third party. Details of the agreement are now appearing in the media. As far as the RCM is aware this is the first time any employer in the UK has behaved in this way. A statement from the RCM on this issue is below.

‘The RCM is fully committed to ensuring safe high quality maternity services. We are working collaboratively with others and supporting our members to implement the recommendations of the Kirkup Report and the Better Birth’s National Maternity Review.

‘Up to now the University Hospitals of Morecambe Bay NHS Foundation Trust has been transparent and we have welcomed their admission of past failings. Sadly, despite the law and government rightly placing great importance on privacy, the Trust has inexplicably disregarded this for our member.

‘The Data Protection Act and other legislation are there for a reason, reflecting fundamental tenets of common law built up over centuries. 

‘Allowing the Trust to disregard our member’s personal privacy is in breach of all established employment law principles.  If left unchallenged it has the potential to end the right of privacy for everyone. This could mean any confidentiality or privacy clause in any agreement an individual signs with an employer or anyone else would have no weight at all.

‘We cannot allow the Trust to reveal details of a confidential agreement, entered into in good faith by both parties, with impunity.  Nor can we stand by and allow employers to invade the privacy of their former employees.

‘The RCM is carefully considering its options to pursue the Trust and those involved in the decision to disclose this confidential information.’

To contact the RCM Press Office call 020 7312 3456 or email pressofficer@rcm.org.uk.

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Notes to editors

The RCM is the only trade union and professional association dedicated to serving midwifery and the whole midwifery team. We provide workplace advice and support, professional and clinical guidance and information, and learning opportunities with our broad range of events, conferences and online resources. For more information visit the RCM website at https://www.rcm.org.uk/.