A doctor accused of inappropriate and unprofessional behaviour has lost their appeal against a 6 months suspension in Altemimi v General Medical Council [2024] EWHC 1731 (Admin) (05 July 2024).
The Appellant was appointed Consultant in Acute Medicine at the King’s Lynn NHS Foundation Trust in 2012, based at the Queen Elizabeth Hospital. In April 2023, a case brought against him by the GMC was the subject of a 7 day oral hearing before a 3-member panel of the Medical Practitioners Tribunal, culminating in a 45 page Determination on the Facts (“the Determination”).
In summary, what was alleged by the GMC was that, between 2017 and 2020, the Appellant behaved inappropriately and unprofessionally towards four work colleagues in making “sexualised” comments, that the conduct was “sexually motivated”, and that it amounted to “sexual harassment”.
Some, but not all, aspects of the allegations were found by the Tribunal. Those aspects that were found proved are the subject of this appeal.
After further hearings, the Tribunal went on to find that, by reason of its findings on the facts, the Appellant’s fitness to practise was impaired because of his misconduct. On that basis, it imposed the sanction of a 6-month suspension.
Fordham J noted in his judgement that:
“There is no separate appeal against findings of impairment or sanction. The challenge to those aspects stands or falls with the challenge to the Determination. The 6-month suspension has not taken effect, pending the outcome of this appeal.”
The appeal challenged the Tribunal’s decision – and reasons – as to aspects of primary and secondary facts, findings as to actions being “sexualised”, “sexually motivated” and constituted “sexual harassment”.
Fodham J, in dismissing the appeal, said:
“… I will dismiss the appeal. The Tribunal was aware of the relevant law (§§12-14 above – referring to the jugement) and followed it. Based on the law applicable to this Court’s appellate function (§§15-17 above), none of the grounds of appeal succeeds, in this comprehensive challenge to the Tribunal’s findings, approach and reasons. Having circulated this judgment, the terms of the order in the light of it were agreed: (1) The appeal is dismissed. (2) The Appellant shall pay the GMC’s costs, by 25.7.24, in the agreed sum of £25,000.”
He found that:
“The Tribunal was not wrong to look at sexual harassment by considering the relevant allegations individually, but ultimately as a whole. The Tribunal was right not to “carve up the case into a series of specific incidents.”
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I find the Fitness to Practise News hugely helpful in identifying important recent cases. On big problem – references are made to the published determinations, but using the hugely unhelpful V Lex Justis website. This gives the first part of the determination, but t get the rest one has to have a costly subscription. But these determinatiions are all available free of charge on the BAILLI website
Prof David thank you for your comment. We do not use any subscription service when we report on cases. As you will see from the reported cases, we link back to the BAILLI website, where we get information on cases from. If you have comments on how we can improve our reporting on cases, we welcome that. Thanks F2P News