Can You Continue Working During a Fitness to Practice Investigation?
A fitness to practice investigation is a formal regulatory process that examines whether a professional remains safe, competent, and suitable to continue practising. For many healthcare workers, lawyers, teachers, accountants, and other regulated professionals, receiving notice of a fitness to practice investigation is deeply unsettling. The immediate fear is often about employment, reputation, and whether they can continue working during a fitness to practice investigation.
What is a fitness to practice investigation?
A fitness to practice investigation is a regulatory review conducted by a professional body to determine whether a registrant’s conduct, performance, health, or character meets required professional standards. Unlike workplace disciplinary processes, this is not managed by an employer but by an independent regulator whose primary duty is public protection rather than employee management.
The purpose is not punishment but assessment. Regulators aim to decide whether a professional can practise safely, whether restrictions are needed, or whether further action such as a hearing is required. However, the process can feel adversarial, slow, and highly stressful for those involved.
Common reasons professionals face an FTP investigation
Professionals can be referred for a wide range of concerns. Some of the most common reasons include:
Allegations of clinical or professional errors
Complaints from patients, clients, or parents
Breaches of confidentiality
Criminal charges or convictions
Concerns about health or impairment affecting practice
Misconduct or unprofessional behaviour in or outside work
Importantly, a referral does not mean guilt. Many investigations conclude with no further action, yet the uncertainty during the process still creates anxiety about employment and reputation.
Who investigates and what standards are applied?
Each profession has its own regulator. For example, healthcare professionals may be overseen by bodies such as the General Medical Council or the Nursing and Midwifery Council, while teachers are regulated by education authorities. These organisations apply professional standards that define expected behaviour, competence, and integrity.
Investigators assess evidence against these standards rather than employment policies. This means a professional could be cleared by their employer but still face regulatory scrutiny, or vice versa. The focus is always on whether public trust and safety have been compromised.
Typical stages of the FTP process
A fitness to practice investigation usually follows several key stages:
Initial concern or referral
A complaint or incident is reported to the regulator. This may come from an employer, colleague, patient, or third party.Screening and triage
The regulator decides whether the concern falls within its remit and whether there is a case to answer. Some matters are closed at this stage.Formal investigation
If the case proceeds, evidence is gathered, witnesses may be interviewed, and the professional is invited to respond.Interim measures
In some cases, temporary restrictions such as supervision, conditions, or suspension may be imposed while the investigation continues.Hearing or resolution
If concerns remain, the case may go to a fitness to practice hearing. Outcomes can range from no action to conditions of practice, suspension, or removal from the register.
Can you continue working during an investigation?
In many cases, professionals can continue working during a fitness to practice investigation, especially if no interim restrictions are placed. However, this depends on the seriousness of the allegations, the regulator’s assessment of risk, and any employer decisions. Some employers may place individuals on restricted duties or leave pending the outcome, even if the regulator allows continued practice.
This is why early specialist legal advice is critical. Understanding your rights, your risks, and your options can make a significant difference to both your employment and your professional future.
Can You Continue Working While Under Investigation?
Being placed under a fitness to practise investigation can be deeply unsettling for any regulated professional. One of the most common concerns is whether you can continue working during this process. The answer is rarely a simple yes or no, as it depends on how regulators assess risk, what interim measures are considered necessary, and how your employer responds to the situation.
Understanding how these decisions are made can reduce anxiety, help you prepare effectively, and ensure you take the right steps to protect both your career and patient safety. In most cases, professionals are not automatically removed from practice, but certain conditions or adjustments may be applied depending on the circumstances.
The Default Position: You Can Usually Keep Working
Practising continues unless clear risk is identified
For most investigations, the starting assumption is that you can continue working. Regulators do not suspend professionals unless there is evidence that their practice presents an immediate or serious risk to the public.
This means many professionals remain in their roles throughout the investigative process, particularly when concerns relate to isolated incidents, documentation issues, or complaints that do not indicate ongoing danger to patients. Continuing to work is often viewed as fair and proportionate rather than punitive.
How Regulators Assess Immediate Risk to the Public
What counts as “immediate risk”?
Regulators focus primarily on patient safety and public confidence in the profession. They assess whether there is a real and current risk that requires urgent intervention.
Factors that may raise concern include repeated clinical errors, serious misconduct, substance misuse affecting practice, or failure to engage with investigations. In contrast, single complaints or procedural issues are less likely to trigger immediate restrictions.
The assessment is case specific, meaning your individual circumstances, history, and response to concerns all play a role in the outcome.
Interim Measures Explained Clearly
When a regulator believes some level of oversight is necessary, they may impose interim measures while the full investigation continues. These measures are temporary and designed to manage risk rather than determine guilt.
No action taken
In many cases, regulators decide that no interim action is needed. This means you can continue working as normal while the investigation proceeds in the background.
This outcome is common when concerns are low level, unsubstantiated at an early stage, or unlikely to affect patient safety.
Conditions of practice
If some risk is identified, regulators may allow you to continue working under conditions. These typically include restrictions such as:
working only under supervision,
avoiding certain clinical tasks,
limiting your scope of practice, or
undergoing additional training or assessments.
Conditions are intended to keep patients safe while allowing you to remain in employment and demonstrate your commitment to professional standards.
Interim suspension
An interim suspension is only imposed when regulators believe unrestricted practice would pose a serious risk to the public.
This is a significant step usually reserved for cases involving alleged serious misconduct, impaired fitness due to health or substance misuse, or clear evidence of unsafe practice. Suspension is not a finding of guilt, but a protective measure while the case is investigated further.
How Your Working Arrangements May Change
Even without formal suspension, your employer may alter your duties during an investigation. You might be moved to a different role, placed on restricted duties, or required to work in a supervised setting.
These changes are often driven by workplace policies rather than regulatory decisions. While frustrating, they are usually temporary and aimed at managing risk while the investigation continues.
Why Continuing to Work Can Strengthen Your Case
Remaining in practice, where permitted, can actually benefit your position. It allows you to demonstrate safe, competent, and reflective professional behaviour over time.
Consistently meeting standards, engaging with training, and cooperating with your employer and regulator can support your credibility and show insight into any concerns raised. This evidence can be valuable if your case later reaches a hearing.
How an Ongoing Investigation Can Affect Your Employment and Career
Facing a fitness to practise investigation can feel like being suspended in uncertainty, not only in relation to your regulator but also within your workplace and wider profession. Many professionals focus solely on the regulatory process, yet the employment and career implications often have just as much impact on their lives.
An ongoing investigation does not exist in isolation. It can influence your day-to-day work, your relationships with colleagues, your future job prospects, and even your financial and emotional wellbeing. Being prepared for these realities allows you to take a proactive, rather than reactive, approach to safeguarding your career.
Employer Obligations Versus Discretion During an Investigation
Employers have a duty to ensure patient safety, service quality, and regulatory compliance, yet they also have obligations to treat employees fairly. In practice, this balance is not always straightforward.
Some employers may place professionals on restricted duties, suspend them temporarily, or initiate parallel internal investigations. Others may allow continued practice under supervision. Much depends on the nature of the allegations, workplace policies, and perceived risk.
Disclosure Requirements When Applying for New Roles
One of the most overlooked consequences of an investigation is how it affects future job applications. Many employers ask whether you are subject to ongoing regulatory proceedings or past fitness to practise concerns.
Failing to disclose when required can seriously damage trust and lead to dismissal if later discovered. Conversely, knowing how to explain your situation honestly and professionally can reduce negative perceptions and demonstrate accountability.
Impact on Promotions, Training, and Reputation
Even before a final decision is made, an investigation can slow career progression. Promotions may be delayed, training opportunities postponed, and leadership roles withdrawn.
Professionals may also worry about how colleagues, managers, or industry contacts perceive them. Managing your reputation carefully through professionalism, discretion, and appropriate support is essential during this period.
Financial Strain and Income Uncertainty
Prolonged investigations can create significant financial pressure. Reduced hours, suspension, legal fees, and lost career opportunities can affect both short-term income and long-term earning potential.
Planning ahead, seeking financial advice, and exploring support options can help professionals stay resilient while their case progresses.
Emotional and Mental Health Pressures
The psychological impact of a fitness to practise investigation is often underestimated. Anxiety, stress, shame, and isolation are common experiences, even for highly competent professionals.
Maintaining mental wellbeing is not a luxury, it is a necessity. Talking to trusted colleagues, accessing counselling services, and staying connected with support networks can make a substantial difference.
Common Mistakes That Worsen Career Outcomes
Many professionals unintentionally make decisions that harm their employment position during investigations. Common errors include arguing aggressively with employers, oversharing on social media, failing to document interactions, or responding impulsively to complaints.
Another frequent mistake is delaying legal or professional advice. Early guidance can prevent missteps, clarify rights, and help professionals navigate both regulatory and workplace processes more effectively.
Making Informed Decisions to Protect Your Future
An ongoing fitness to practise investigation can have far-reaching effects on employment, finances, reputation, and wellbeing. By understanding these impacts, professionals are better equipped to make strategic decisions, manage risk, and safeguard their careers.
Taking a proactive approach, seeking early advice, and maintaining professionalism throughout the process can significantly reduce long-term harm. With the right preparation and support, it is possible to navigate this challenging period while preserving both your career and your confidence.
Expert Guidance Through Fitness to Practise Investigations
Acting early is the most powerful way to reduce the career impact of a fitness to practise investigation. Proactive legal support helps you manage workplace challenges, disclosure requirements, and professional risk effectively. At What Rights we are dedicated fitness to practise lawyers handling regulatory investigations and disciplinary proceedings for healthcare workers, teachers, accountants, and other regulated professionals.
We manage referrals, interim order hearings, restoration, registration, and more with strategic focus. If you want strong representation, call 01223 803873 or email info@whatrights.co.uk now.
