A nurse suspended after making a sexualised remark about children during a conversation with a colleague has been allowed to return to work.
James Murray was given a six-month suspension by the Nursing and Midwifery Council (NMC) in March this year after saying words to the effect of “if they can bleed, they can breed”.
The tribunal noted that the conversation, which happened on July 22 2022, occurred in front of other colleagues and could have been overheard by patients.
You accepted responsibility for your actions and showed remorse
Earlier the same day Mr Murray, a nurse at St Andrews Community Hospital in Fife, also swore and stuck two fingers up at the charge nurse during a discussion about a staffing decision related to Covid-19 protocols.
The panel found Mr Murray’s behaviour had demonstrated “a serious lack of judgment”.
It added: “It was capable of causing shock and distress to colleagues, risked reputational damage to the profession and was inconsistent with the standards expected of a registered nurse.”
Following a review hearing on September 18, the NMC decided Mr Murray’s fitness to practise is no longer “impaired”, and that his suspension order should be allowed to lapse when it expires on October 2.
This means Mr Murray is now able to resume work as a registered nurse.
In setting out its decision the panel said of Mr Murray: “You accepted responsibility for your actions and showed remorse.
“You also recognised that even if you did not intend to cause harm, your behaviour could still have caused distress, worry or concern to others.
“The panel considered this to be a meaningful shift in your understanding because you were able to look beyond your own intention and focus on the possible effect on others.”
It added: “Today’s panel received new information, including your written reflection, training, reading, testimonials, oral evidence and evidence that there had been no repetition of the original conduct since July 2022.
“Taking all of this together, the panel was satisfied that the concerns have been addressed, that you are now not liable to repeat matters of the kind found proved.”
At the original hearing Mr Murray accepted he had made the remark about children, but claimed he had been repeating a joke originally told by comedian Ricky Gervais.
Gervais, responding to the ruling on social media platform X, said he has “never said anything like this in a sketch, a screenplay, stand up or privately”.