Doctor’s suspension appeal dismissed in Wheatley v GMC

The case of Wheatley v General Medical Council [2025] EWHC 31 (Admin) involves an appeal against a determination by the Medical Practitioners Tribunal (MPT). The MPT found that the claimant doctor had engaged in inappropriate behaviour towards a colleague, Ms. A, at a social event on November 9, 2021. The tribunal decided that the claimant’s fitness to practice was impaired and imposed a six-week suspension.

The incident occurred at the Tri-Service Trainers Conference, an annual event for professional development in the Defence Deanery. The claimant, a practicing GP and former Army Officer, attended the event. Ms. A, a Civil Service Member of the Defence Medical Academy administrative staff, was also present. During the evening, the claimant doctor was found to have put his arm around Ms. A’s waist and placed his hand on her bottom on multiple occasions. An allegation of touching Ms. A’s breast was found not proved.

The claimant challenged the factual conclusions of the MPT on two grounds:

• The conclusions were outwith the findings of a reasonable tribunal.
• The conclusions were not supported by adequate reasoning.

The claimant argued that inconsistencies in the evidence led by the General Medical Council (GMC) should have led to an acquittal. He claimed that any touching of Ms. A was accidental and due to his drunken state.

The MPT found Ms. A to be a credible witness and rejected the claimant’s account that any touching was accidental. The tribunal noted that Ms. A made a complaint almost immediately after the incident and that the doctor’s evidence was inconsistent. The MPT concluded that the doctor’s actions were intentional and inappropriate, and that his conduct was sexually motivated, amounting to sexual harassment under the Equality Act.

The High Court dismissed Dr. Wheatley’s appeal. The court found that the Medical Practitioners Tribunal (MPT) had not made any errors in their factual analyses or reasoning. The tribunal had accepted the complainant, Ms. A, as a credible witness and found that Dr. Wheatley’s actions were intentional and inappropriate. The High Court upheld the MPT’s decision to suspend Dr. Wheatley for six weeks.

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