Surgeon sacked over alleged misconduct wins right to appeal
PUBLISHED: 15:33 13 February 2019 | UPDATED: 15:33 13 February 2019
A former NHS consultant surgeon sacked for alleged misconduct has won the right to appeal her dismissal following a successful crowdfunding campaign.
Shareen Idu, a former NHS consultant at Ipswich Hospital, was dismissed by the East Suffolk and North Essex NHS Foundation Trust over allegations of misconduct in May 2016.
She has since raised in excess of £5,000 in an online crowdfunding campaign to raise money to cover her legal fees when taking her case to the Court of Appeal.
Ms Idu, a qualified doctor for more than two decades, claims her dismissal process went against Maintaining High Professional Standards in the Modern NHS (MHPS) guidelines.
The guidelines, by the Department for Health, state that a disciplinary panel must include a “member who is medically qualified at consultant level and who is not currently employed by the trust”.
However Ms Idu’s legal team argue this did not happen in her case.
Aida Smajlovic, an employment lawyer from Slater and Gordon, who represents Ms Idu, said: “We have been granted this appeal because this case has potentially wide implications for doctors and dentists facing allegations of misconduct.
“It is very important that the correct procedures are followed when decisions are being made which have such a profound impact on a person’s career and professional reputation.
“We argue Ms Idu was not subject to proper process. We are pleased that the court considers the grounds of appeal to have sufficient prospects of success and look forward to advancing our case before the Court of Appeal.”
Upon news of her appeal, Ms Idu said: “I’m delighted to have been granted this appeal. This is one hurdle cleared but I know there are a few more to come before justice is done.
“I’ve said from the outset I don’t think I’ve been fairly treated during this process and now I’ll be able to test that at appeal.
“I’m not just doing this for me, but the many colleagues who may have been dismissed without proper due process.”
Ms Idu has since returned to her native Utrecht in the Netherlands following her dismissal.
The East Suffolk and North Essex NHS Foundation Trust said it will not comment on the case while proceedings are ongoing.