Whistleblower Surgeon’s legal challenge to NHS dismissal procedure

by Shareen Idu

Whistleblower Surgeon’s legal challenge to NHS dismissal procedure

by Shareen Idu
Shareen Idu
Case Owner
I was a substantive Consultant Emergency Surgeon in a NHS Trust. International “double certified” and worked being a consultant surgeon both in the UK and the Netherlands.
Funded
on 25th December 2018
£5,220
pledged of £5,000 stretch target from 70 pledges
Shareen Idu
Case Owner
I was a substantive Consultant Emergency Surgeon in a NHS Trust. International “double certified” and worked being a consultant surgeon both in the UK and the Netherlands.

Who Am I? 

My name is Shareen. I am a Consultant Surgeon and I was unfairly dismissed in what I believe was a breach of contract and a breach of the Maintaining High Professional Standards policy, which the NHS trust in question was obliged to follow.

Case background

The NHS operates a Maintaining High Professional Standards (“MHPS”) policy. The MHPS was published by the Department of Health in December 2003 as a framework for handling concerns about doctors and dentists in the NHS. The current MHPS policy is only triggered by “professional” misconduct. This allows the NHS to discipline and dismiss medical staff and avoid following the MHPS by alleging “personal” misconduct. In the case were the complaints and charges made by the employer involving professional conduct or competence, than the MHPS should apply. That is even so if the case could also said to amount to both. The Employment Tribunal found that there was no obligation on the Trust to follow the MHPS in a “personal” misconduct disciplinary, which I believe is wrong and needs to be challenged for the proper protection of clinicians. I believe this finding results in the dilution of protection for clinicians under the MHPS, and undermines the purpose of having a MHPS procedure.

Your support will make a difference for clinicians across the NHS who are more than competent clinically and an asset to the NHS but who are at risk of dismissal if “personal” misconduct charges are "wronglyraised which allows the NHS to avoid following the contractual MHPS procedure.

I believe the Employment Tribunal’s decision results in the dilution of the protection for clinicians under the MHPS, and undermines the purpose of the MHPS. 

Why am I raising funds?

I am raising funds to allow me to challenge the decision to the Court of Appeal. I am currently raising £5,000 stretch target but may need more if the matter proceeds to the Supreme Court. All funds are going directly to my legal team. The case is important for all NHS medical and dental staff who are facing a misconduct disciplinary.

Please contribute and share this page now!

Your support will make a difference for clinicians across the NHS who are more than competent clinically and an asset to the NHS but who are at risk of dismissal if “personal” misconduct charges are "wrongly" raised which allows the NHS to avoid following the contractual MHPS procedure.

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