A top NHS surgeon has been cleared of racial discrimination charges after the Medical Practitioners Tribunal Service found in favour of the defendant clinician. The ruling followed a three year legal battle which could have left the surgeon banned from practising medicine.
The gastrointestinal specialist was recorded making unguarded comments. which were recorded after a mobile phone was left on.
The disciplinary panel found that the surgeon was not racially prejudiced and no warning was needed. It was ruled that his comments followed a heated and antagonistic meeting at which the claimants made a number of unprofessional and personal comments aimed at the Clinical Director, including accusations of racism and slavery.
The tribunal ruled that against the background of unprofessional comments aimed at the surgeon, his ‘derogatory and dismissive’ comments were not motivated by racial prejudice but rather a response to the conduct of the claimants.
Mark Sutton QC, instructed by Catriona Granger of the Medical Defence Union, acted for the Defendant.
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employment, healthcare, racial discrimination, Mark Sutton QC, MDU, surgeon
