Work & Career

Can I keep working during an NMC investigation?

In most cases, yes: a referral alone does not stop you practising. Here is how interim orders change that, what to tell your employer, and how to protect your registration while your case is open.

Fit 2 Practise team Published Updated 3 min read
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Quick answer

Yes, usually. An NMC referral does not by itself restrict your practice, so you can keep working unless a panel imposes an interim order. An interim conditions of practice order lets you work within set conditions; an interim suspension order stops you practising as a registrant. Your employer may also make its own decisions about your role.

Key takeaways

  • A referral alone does not stop you practising.
  • Only an interim order (or another restriction) limits your practice while the case is open.
  • Your employer can still make its own decisions, such as redeployment, under its policies.
  • Safe practice during the investigation is itself useful evidence.

A common fear after a referral is that you will be banned from work straight away. In reality, most nurses, midwives and nursing associates keep practising throughout their case. Restrictions only apply if the NMC seeks, and a panel imposes, an interim order.

Can I work while the NMC is investigating me?

Yes, unless your practice has been restricted. Your registration remains effective while the NMC screens and investigates a concern. The NMC register only shows restrictions such as interim orders, not the fact that you have been referred.

When is work restricted by an interim order?

If the NMC believes there may be a risk while the case is investigated, it can ask a panel for an interim order. A panel can impose one only if it is necessary to protect the public, is otherwise in the public interest, or is in your own interests.

  • Interim conditions of practice order: you keep working, subject to conditions such as supervision or not administering medicines until assessed.
  • Interim suspension order: you cannot practise as a nurse, midwife or nursing associate while it is in force.

Interim orders last up to 18 months and are reviewed every six months. Read NMC interim orders explained for the full detail.

A referral alone does not stop you practising.

Can my employer stop me working even without an interim order?

Yes. Your employer runs its own processes and may decide to redeploy you, add supervision, or in some cases suspend you under its disciplinary policy while it investigates. That is separate from the NMC. Your union rep can advise on whether the employer is following its policy.

Can I do agency or bank shifts during an NMC investigation?

If your practice is unrestricted, you can usually continue, but agencies and banks often ask whether you are under investigation, and you must answer honestly. If you have interim conditions, you must tell every agency and bank you work through, and some conditions make agency work difficult, for example a requirement for a named supervisor.

What should I tell my employer?

If your practice is restricted, you must tell your employers. Beyond that, your contract, policy or application forms may require disclosure. Where you have a choice, many registrants find that a short, factual conversation with a trusted manager builds support and leads to better testimonials later.

We give example wording in telling your employer about an NMC referral.

How can I use this period to strengthen my case?

Every month you practise safely, reflect honestly and learn deliberately becomes part of your evidence. Case examiners and panels want to know whether the concern could happen again, and evidence of safe current practice helps answer that.

  • Keep appraisals, supervision notes and feedback from colleagues and patients.
  • Complete training that relates directly to the concern and note what changed.
  • Keep a reflective log going, a few entries each month.
  • Ask managers who know about the concern to observe your practice so they can speak to it later.

The Navigating Your FtP Journey course explains what is coming, and our CPD and remediation evidence log keeps your evidence organised. If you are under interim conditions and looking for work, our CV writing service can help.

Frequently asked questions

No. The register shows restrictions such as interim orders, conditions or cautions, not the existence of a referral or investigation.

Yes, if your practice is unrestricted. Answer application questions about investigations honestly, and if you have an interim order you must tell any new employer.

You must if your practice is restricted or your contract, policy or an application form requires it. Otherwise take advice; it is often sensible to tell a trusted manager.

Overseas regulators usually ask about current investigations, and you must answer honestly. Take advice before applying.

Sources and further reading

  1. NMC: Interim ordersnmc.org.uk
  2. NMC: Interim orders, their purpose and our powers to impose them (FtP library)nmc.org.uk
  3. NMC: Search the registernmc.org.uk
  4. RCN: NMC fitness to practise concerns (advice guide)rcn.org.uk

Need support with your NMC case?

Explore our online courses, or talk to someone who has been through Fitness to Practise in a confidential 1:1 mentoring session.