Dear Kirsteen
I guess this is a fitness to practice issue because of an NMC requirement which says that 15hrs a week paid work is the limit.  If so, yes, this could be difficult to get around - and the only alternative is to deal with it as a disciplinary issue, if you can.  Ref him being mature, I don't think that's relevant (and even ageist) as students have financial and family responsibilities at all ages. And ref caring responsibilities, I think that's a red herring too.  The key issues surely are did he sign any agreement to stick by this rule and did he actually understand the requirement.
Hope that helps and hope it works out for him.
Kathy

-----Original Message-----
From: HE Administrators equal opportunities list [mailto:[log in to unmask]] On Behalf Of Marie Paturel
Sent: 19 April 2011 13:31
To: [log in to unmask]
Subject: Re: Fitness to practice - bank/agency work

Hey Kirsteen.

The question really is how is this a 'fitness to study' issue. Is the 15 
hour per week a professional body standard if so it may be difficult to 
get around this. Alternatively if this a regulatory issue was the 
student made aware of this regulation before starting and did he sign a 
paper agreeing to this standard (i.e. showing he knew about this 
requirement). If this is a regulatory basis then perhaps this is not 
something that should be dealt with under a fitness to study and instead 
is a disciplinary issue ... which then the facts that you note can be 
used to mitigate any action taken against him.

I can't see how this is an age issue -- although caring responsibilities 
might be an issue regarding age I think it would be harder argument to 
say that 'older' students have more financial obligations which I do not 
think is the case (how do you determine financial obligations -- 
'younger' students can get into debt as easy as 'older' students, rent 
can be just as expensive as a mortgage, etc. etc.)

Marie



Kirsteen Coupar wrote, On 19/04/2011 11:30:
>
> Hi all
>
> I have a student who has been studying adult nursing and the school is 
> now putting him through fitness to practice proceedings because they 
> discovered he was working more than 15 hours a week externally (for a 
> hospital as a health care assistant).
>
>
> He's a mature student, who receives a bursary of just over £650 a 
> month, and supports his family with this. He is in his second year of 
> study for his diploma.
>
> The regulations are contained within a 113 page handbook and say that 
> students should work a maximum of 15 hours a week for bank/agencies 
> and that they should ensure this doesn't affect his studies.
>
> I'm really keen to support this student to be able to continue his 
> studies and wondered if anyone had any thoughts that could help.
>
> · My initial thoughts are that as a mature student he has financial 
> obligations that are different to younger students.
>
> · The regulations only mention paid work, but unpaid work (either 
> volunteering, or care giving is exempt) - therefore mothers (or 
> fathers) who are caring for four children and working 14 hours a week 
> AND studying are not a subject to fitness to practice, even though 
> they may be actually working more hours than my student.
>
> · Other students may be more tired than he is - due to social life, 
> other life circumstances - perhaps it's unfair to consider work as the 
> sole issue to do with ability to complete study (and I presume the 
> safety of the patients he works with in his placements).
>
> · His studies have not been affected - he has passed everything and 
> even achieved grades of 80% plus occasionally.
>
> · When he found out in January that he had been overworking, he 
> stopped immediately and has not worked more than 15 hours a week since 
> then.
>
> Our school of Health tends not be very flexible about such matters, 
> though I'm hoping they might in this occasion as he is a high 
> achieving student with a lot of experience in his home country of Nigeria.
>
> If anyone can suggest any grounds we could contest the regulation on 
> it would be most helpful. I'm wondering whether indirect 
> discrimination on the grounds of age is a way we could go, based on 
> his life situation as a mature student.
>
> Kirsteen Coupar
>
> Equality and Diversity Manager
>
> Flat 40B, Catherine of Aragon Court
>
> Southwood Site
>
> Avery Hill Campus
>
> University of Greenwich
>
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>
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>
> Direct line: 020 8331 8817
>
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>
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-- 
Marie Paturel
University Diversity Manager
Student Services / Human Resources
London Metropolitan University
North Campus
166-220 Holloway Road
London
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