Suffolk surgeon loses appeal court battle against dismissal
PUBLISHED: 07:30 16 October 2019
A former Ipswich Hospital surgeon has failed in her appeal to have her dismissal overturned.
Shareen Idu, was an NHS consultant before being dismissed by the East Suffolk and North Essex Foundation Trust over gross misconduct charges in May 2016.
Ms Idu, who had worked at the hospital since 2014, was accused to have referred to herself as the clinical lead for emergency when this wasn't the case.
ESNEFT also said that she had refused to provide explanations for why patients who had been waiting less time for surgery had been prioritised over those had been waiting longer.
Ms Idu had also refused to provide cover for the junior doctors strike in December 2015 , while the trust also made allegations of bullying and harassment against her.
Ms Idu was found guilty of misconduct and was dismissed from the hospital and returned to her native Utrecht in the Netherlands.
An internal appeal against her dismissal was unsuccessful as was an employment tribunal heard by a judge in Bury St Edmunds in 2017 and a further appeal heard in November 2018.
Following these dismissals Ms Idu decided to take her case to the Court of Appeal.
In order to pursue the case she raised £5,000 in an online crowdfunding campaign to raise money to cover her legal fees.
She claimed previously that her dismissal was unfair and went against Department for Health guidelines.
The requirements for disciplinary panels who consider such cases change depending on whether allegations are deemed as being related to either professional or personal conduct.
The guidelines stated that a disciplinary panel based on professional conduct must include a "member who is medically qualified at consultant level and who is not currently employed by the trust", while a personal conduct issue does not.
Ms Idu's legal team argued that her case had not been considered correctly having been considered as a personal conduct issue by the trust.
However, having considered all the accusations made by the trust the judges disagreed with Ms Idu's assessment considering that all the accusations were of a personal rather than professional nature.
All three judges agreed to dismiss the appeal.
Slater Gordon, who represented Ms Idu, have been contacted for comment.