Trust discriminated against surgeon, tribunal finds

Dr Manuf Kassem, pictured here in 2017, has been awarded £431,768

A surgeon has been awarded £431,768 after an employment tribunal found he had been racially discriminated against.

Manuf Kassem was investigated by North Tees and Hartlepool NHS Foundation Trust after colleagues made several allegations against him.

But an employment tribunal found the trust treated Mr Kassem differently from others in how disciplinary action was taken, amounting to race discrimination.

The trust said it acknowledged the tribunal's findings and had carried out an internal review.

The North Tees and Hartlepool NHS Foundation Trust has hospitals in Stockton and Hartlepool

Mr Kassem lodged a grievance against the trust in June 2017 that he had been bullied and prejudiced against.

He alleged that 25 patients had “suffered complications, negligence, delayed treatment and avoidable deaths".

A trust review found that appropriate processes were followed and no failings in care had been identified.

Mr Kassem was then removed from an on-call emergency rota, and a senior member of staff revealed his identity as a whistleblower to other doctors he had raised concerns about.

In September 2018, disciplinary proceedings were raised against Mr Kassem after several colleagues made allegations against him.

The proceedings lasted 17 months.

None of the allegations were upheld, according to the Local Democracy Reporting Service.

Mr Kassem then complained against the trust, triggering the employment tribunal.

'Race discrimination'

The tribunal found examples where the investigation team had focused on "identifying evidence that supported the allegations" and not seeking evidence that "might exculpate the claimant".

Employment judge Trevor Morris said the trust had breached its own policy by not carrying out informal discussions before formal disciplinary action was taken.

This led to Dr Kassem being treated differently from others, which amounted to race discrimination, Mr Morris said.

The tribunal found it "surprising" that Mr Kassem had been suspended from the on-call rota on safety grounds, as he had been allowed to carry out private medical work and was still on the registrar rota at another NHS trust, Mr Morris added.

Mr Kassem made further claims of victimisation and an alleged unauthorised deduction of wages, however these were not upheld.

A spokesperson for the trust said it had now appointed a "dedicated employee relations investigations team".

They added: "Several reviews in respect of the clinical case allegations, including a comprehensive external investigation have also been carried out."