Whistle-blowing surgeon who suffered racial discrimination by North Tees and Hartlepol NHS Foundation Trust is awarded £431,768 payout

The sum awarded to Dr Manuf Kassem, an associate specialist surgeon at North Tees and Hartlepool NHS Foundation Trust, covered loss of earnings, injury to feelings and general damages and followed a remedy hearing.

Dr Kassem, who is originally from Iraq, expressed concerns in a June 2017 grievance that he had been bullied and prejudiced against and went onto allege that 25 patients had “suffered complications, negligence, delayed treatment and avoidable deaths”.

A trust review was satisfied that appropriate processes were followed with no failings in care identified.

He was subsequently removed from an on-call emergency rota with a senior member of staff revealing his identity as a whistle blower, including to other doctors about whom he had raised concerns, breaching his confidentiality.

Then came a disciplinary investigation lasting 17 months, following several allegations made against him by colleagues, none of which were formally upheld and which the tribunal panel found to be “not particularly weighty”.

Employment judge Trevor Morris criticised the “inordinate amount” of time the trust investigation had taken.

Judge Morris also said the trust had breached its own policy by not instigating informal discussions first before formal disciplinary action was taken, with Dr Kassem being treated differently from others in this regard, and that the investigation amounted to race discrimination.

Dr Kassem, who it is understood continues to be employed by the trust, had claimed in his tribunal evidence that he had been shouted at, insulted and subject to degrading remarks by a senior member of staff.

He also said he was “treated less favourably because I am from Iraq”.

Dr Kassem, who has been described as “caring”, “kind” and a “gentleman” by former patients, made further claims of victimisation and unauthorised deduction of wages.

These, however, were not upheld.

A trust spokesman said it had acknowledged the tribunal’s findings and has carried out a detailed review of its actions including “lessons learned”.

He said: “This included the appointment of a dedicated employee relations investigations team.

“The trust also follows the just and restorative culture guidance issued by NHS England which underpins workforce policies.”