Intended for healthcare professionals

Rapid response to:

Feature

Falling foul of gagging clauses

BMJ 2009; 339 doi: https://doi.org/10.1136/bmj.b4203 (Published 27 October 2009) Cite this as: BMJ 2009;339:b4203

Rapid Response:

Clarification of a clarification

Clarification of a clarification

The GMC has no power to vary employment contracts. Employers
are not registered with the GMC unlike the other party to
the contract, the lucky doctors, so it is unclear how the GMC
would control the issue, or in which forum or court. I
cannot see what the cause of action would be.

I am even unsure that a termination agreement is an
employment contract, as no employment results from it. The
GMC is a 'disapproval organisation'. You can read into the
President's words how he itches to get hold of any doctors
involved in gagging clauses and say - 'Oh very bad doctors,
strike them all off !' whereas the employers get off scot
free to do it all over again with another willing party.

This episode serves much better to show that there is an
inbuilt conflict between employers and the GMC, who may well
have different aims and world views, and this will get worse
when the great money waster Revalidation takes hold - as it
is the GMC who directs and the employers who will pay for
the Great Paper Run Around.

Gerald Shaw

COI who is not registered with or licensed by the GMC or in
any way get-at-able, so is able to speak out on this issue.

Competing interests:
None declared

Competing interests: No competing interests

16 November 2009
Gerald Shaw
Retired Consular worker
Nil