Legal help

If you are a full member, student or career break member, health care support worker  or nurse cadet, you are entitled to legal advice and, in appropriate circumstances, representation on any matter of law that occurs in the course of your employment or while travelling between home and work.

If you find yourself in a situation that might require legal advice or representation, you should first contact your local RCN steward or safety representative for advice. Your branch will have contact details.

In certain circumstances representation by a branch officer may be necessary and if required, that officer has the opportunity to seek legal advice from the RCN's team of qualified legal officers or if necessary refer it to a legal officer for action.

In each case, the RCN reserves the right to decide whether or not to provide legal support for a member and the extent of that support.

Legal representation

Legal representation will depend on the circumstances of the case. At the RCN’s discretion you may be advised and represented by an RCN steward, branch officer or legal officer. If you face criminal allegations at work arising from your nursing practice your local RCN branch will contact the RCN Legal Department who may refer you to a solicitor specialising in that work.

Legal costs

Although you remain liable (i.e. legally responsible) for your legal costs, the RCN may fully indemnify you in respect of that liability (i.e. pay them for you) as long as you meet the RCN’s conditions of representation.

If you choose not to use the RCN’s legal services, and opt to instruct a solicitor privately, the RCN will not be responsible for your costs and generally will not take over the case where solicitors have corresponded for you, irrespective of the nature of the case. The RCN may not take over proceedings which have already been issued by you.

Legal support

The RCN reserves the right to decide, in each case, whether or not to provide legal support for a member and the extent of that support. For instance, the RCN will not support a claim where the chances of success are 50% or less.

Personal injury compensation claims

With regard to any personal injury compensation claims, it is vital that you do not delay because Court proceedings must be started within three years of the occurrence or knowledge of the injury. Following such an incident at work, or on the way to or from work, you should report the matter to your employer as soon as possible and refer the case to your local RCN branch office so that an investigation can begin – important evidence can be lost through delay.

Exceptions to legal cover

Please note that the RCN does not usually take on the following types of case:

  • libel or slander claims – unless they concern a key policy point of importance to the whole nursing profession. However, the RCN has established a scheme with specialist defamation solicitors, Russell Jones & Walker, to help individual members with libel or slander problems. Under the scheme, a member can be referred to the firm and is entitled to free initial advice about the merits of his/her case
  • small claims (e.g. damage to your car, unpaid salary), where the small claims process can be used and where the cost of lawyer’s representation is not included in the claim. A small claim is currently defined as a claim with a financial value of not more that £5,000 and not more than £1,000 for compensation for personal injuries.
  • medical negligence cases unless as a result of treatment for the injury over which a claim is already being made by the RCN on behalf of a member
  • motoring offences
  • where an RCN member was not actually a member at the time that the incident occurred there is no right to representation by the RCN.

Discretionary death benefit

This is an extra benefit arranged for members at the discretion of the RCN Council. In effect it means that when a member dies as a result of a work accident, the RCN may:

  • authorise legal action on behalf of their estate
  • indemnify the estate’s costs if there is a good prospect of a legal claim succeeding (i.e. pay the costs subject to the fulfilment of standard legal assistance conditions) and/or pay a sum of money (not exceeding £5,000) out of RCN funds to a relative, dependant or other suitable beneficiary.

Free legal advice on non-work related matters

We also offer a free 30-minute legal advice session for you and your family members on matters not connected with work. Any one of seven approved firms of UK solicitors can provide this service. You can apply through your local RCN office or by calling RCN Direct.

The legal services and benefits described on these pages only apply to full members, student members or nurse cadets, health care assistants and career-break members; all other membership categories can take advantage of the free legal advice on non-work related matters only.

RCN Immigration Advice ServiceOISC

Registration number: N200100001

This is a free, confidential, appointment-based immigration and work permit advice and representation service for all overseas nurses and nursing students coming into the UK. Find out more in the Coming to work in the UK section of this site.

RCN indemnity insurance

Insurance may not sound very exciting, but as a worker in the health care industry it is something you cannot afford to ignore. Your RCN policy covers you for claims against professional negligence up to £3 million.

What if the worst happens?

  • If you are involved in an incident that you think might lead to a patient or colleague making a claim against you, you must report the incident immediately to your RCN office.
  • In order to be covered by the policy you must then complete an indemnity report form (your local office or RCN steward can supply this) which is forwarded to our insurance brokers for processing.
  • You must be a member of the RCN – as a full, student, joint, career break, health care assistant or nurse cadet member – at the time of the incident for this cover to apply.
  • Remember that you should never admit liability for an incident or submit any written statement about it until you have taken advice from the RCN.