Bath Surgeon: Unfair Dismissal Claim Fails
Surgeon Loses PIDA Claim After Dismissal Over Colleague Conduct, Plans Appeal
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A surgeon who claimed he was unfairly dismissed after raising concerns about patient safety has lost his claim of retaliatory victimisation under the Public Interest disclosure Act (PIDA).The Bristol Employment Tribunal dismissed the claim, citing unacceptable behavior towards colleagues, despite acknowledging positive aspects of his professional conduct.Mr. S. colbert, the surgeon, intends to appeal the May 30th decision.
Allegations of Patient Safety Concerns and Subsequent Dismissal
The case stemmed from Mr. Colbert’s dismissal in October 2023 from the Royal United Hospitals Bath Foundation Trust. He alleged the dismissal was in response to him raising serious concerns,including claims that cancer patients were not receiving appropriate treatment and,disturbingly,that a patient suffered blindness during surgery – a claim previously reported by the BBC.
Prior to his dismissal, a disciplinary panel upheld 11 out of 14 allegations against Mr. Colbert. These included accusations of bullying and aggressive behaviour, unwanted physical contact, undermining management, inappropriate use of trust processes, and generally rude and dismissive communication. He argued his dismissal was a direct result of “whistleblowing” – exercising his rights under PIDA to report wrongdoing.
Tribunal Findings: A Complex Picture of Conduct
The tribunal acknowledged the complexity of the case, stating that isolated incidents, such as a “rude email,” were insufficient grounds for summary dismissal. They also described some instances of “low level unwanted physical contact” as perhaps “somewhat innocuous.” However, the panel ultimately concluded that, when considered collectively, Mr. Colbert’s behaviour constituted a “repudiatory breach” of his contract.