Surgeon 'remorseful' after harassment suspension

Mr Gilbert can return to practising later this month

A transplant surgeon found to have sexually harassed four female colleagues will be free to return to practising this month following a tribunal.

James Gilbert worked as a senior registrar in 2008 and 2009 for Oxford University Hospitals (OUH) NHS Trust and as a consultant between 2010 and 2022.

Having been suspended from practising for 12 months in 2024, the Medical Practitioners Tribunal Service (MPTS) found Mr Gilbert was "remorseful".

The General Medical Council (GMC), which previously argued he should have been struck off the medical register, said it "acknowledged" the findings.

The MPTS said Mr Gilbert had "taken positive action to ensure that his misconduct is not repeated".

"It was clear to the tribunal that Mr Gilbert has taken a great deal of time and effort to reflect upon those findings... and the impact upon the victims, public, and the profession," the report said.

'Blinded'

Mr Gilbert, who trained at the University of Southampton, told the hearing he now wanted to be an "ambassador for change in challenging power imbalances between senior and junior colleagues".

He added that he had previously been "blinded with a complete lack of understanding about things like the power dynamic and professional boundaries".

The tribunal found Mr Gilbert's fitness to practise was no longer impaired, meaning he could return to working on 12 September.

A previous eight-month suspension handed down by MPTS was extended to 12 months by the High Court last year.

One woman said Mr Gilbert had been the "golden boy" of his department, and that he was the "be-all and end-all for transplants in Oxford".

But Mr Justice Calver, who oversaw the High Court case, found that the doctor had made racist comments towards colleagues.

In other claims, Mr Gilbert reportedly said to one trainee while working in Oxford: "You're a well together girl, you must always wear matching underwear. What kind are you wearing now?"

Another trainee was allegedly asked about matching underwear, and on one occasion he reportedly stared at her and said: "I have been watching you and you're pretty perfect."

In May 2021, OUH excluded Mr Gilbert after concerns were raised, but he was allowed to return six weeks later with restrictions on his practice.

An email was then sent to surgical trainees inviting them to flag up concerns, leading to Mr Gilbert's dismissal in May 2022.

The GMC, which brought Tuesday's case against Mr Gilbert, said: "'During the original tribunal hearing in August 2024 we argued Mr Gilbert should be erased from the medical register because his actions were fundamentally incompatible with continued registration."

It added that it had lodged an appeal against the High Court's decision not to strike him from the register, with a hearing set to take place to decide whether the appeal should be allowed.