A surgeon who raised patient safety concerns at Teesside Hospitals Trust has been awarded £431,768 in compensation after an employment tribunal found he had previously suffered racial discrimination and unfair treatment. Awarded.
The amount paid to Dr Manuf Kasem, Associate Specialist Surgeon at North Tees and Hartlepool NHS Foundation Trust, includes loss of income, injury to feelings and general damages; It was paid after a relief hearing.
In a June 2017 complaint, Dr. Qasem, who is originally from Iraq, expressed concern that he had been subjected to bullying and prejudice, saying that 25 patients had suffered “complications, negligence, delays in treatment, and avoidable deaths.” He continued to claim that he was suffering from “. The trust considered the case raised by Dr Kasem and others and was satisfied that appropriate processes were followed and no deficiencies in care were identified.
He was subsequently removed from the on-call emergency list after senior staff revealed his identity as a whistleblower, in breach of confidentiality, to other doctors who had raised concerns.
In September 2018, he was the subject of disciplinary proceedings and a 17-month investigation following several allegations against him by colleagues, none of which were formally upheld and a tribunal committee dismissed the allegations. It was determined that the matter was “not particularly serious.” Dr Kasem subsequently lodged a number of complaints against the hospital trust, triggering an employment tribunal hearing both sides in September 2020, which continued on several occasions until January of the following year.
Employment judge Trevor Morris criticized the “inordinate amount of time” the trust investigation took, calling it a “breach of good industrial relations practice”. The tribunal panel's findings, on the other hand, cite examples in which “the focus of the issue is as follows.'' [investigation] The team appeared to be trying to identify evidence that supported the allegations made against the plaintiff, and approached its task with an open mind, including trying to identify potential evidence that could exonerate the plaintiff. I wasn't there. ”
Mr Justice Morris also held that the trust had failed to follow its own policy by failing to encourage informal discussions before formal disciplinary action was taken, and that Dr Kasem was different from other doctors in this respect. He said he had been treated differently and that the investigation amounted to racial discrimination. Although he referred to an “intimidating and hostile environment” for him and a violation of his dignity, his claim that he was harassed is well-founded.
A conference on surgical morbidity and mortality at which Dr. Kasem gave a presentation was interrupted numerous times and his actions were strongly criticized, at one point stating that he did not care about his patients and that his performance was said to have been said to be substandard.
Judge Morris said Dr. Kasem's suspension from duty was considered necessary to prevent a potential patient safety risk, particularly given the fact that the doctor was not considered to be at fault. The court committee said it found this surprising. I have taken up private medical work elsewhere and taken up registrar duty at another NHS Trust.
Dr Kasem is believed to remain employed by the trust, but in evidence to the court he was yelled at, insulted and degraded by senior staff, including during meetings called for discussions. He claimed to have received the statement. He was offered a new role and threatened with losing his job if he didn't accept.
He said that staff were treated differently depending on whether they were “white or from India,” and that “because I was from Iraq, I wasn't given much preferential treatment.” The surgeon mentioned a Turkish surgeon who had similar treatment to her, a Pakistani doctor who had complained about the way she was treated, and a Nigerian colleague who had also been yelled at.
Dr Kasem, who was described by former patients as “caring,” “kind” and “gentleman,” and who first joined the trust in 2002, has made allegations of further damage and fraudulent wage deductions, which are untrue. There wasn't. Not supported.
The court panel said it had no objections to the plaintiff's evidence that no patient complaints, allegations, serious incidents or serious complications were reported to him during his employment. It is being said.
A spokesperson for North Tees and Hartlepool NHS Foundation Trust said in a statement that it acknowledged the tribunal's findings and had taken a detailed review of the organization's actions, including the “lessons learned”. He said: “This included the appointment of a dedicated employee relations investigation team. The trust also complies with the Fair and Healthy Culture Guidelines published by NHS England which underpin its workforce policy.Clinical Several investigations were also conducted regarding the allegations in the case, including a comprehensive external investigation.”
