Sign up to our newsletter for daily updates and breaking news Sign up here! Thank you for subscribing See our privacy notice Invalid Email

A surgeon who has crowdfunded a legal challenge against her dismissal by an NHS trust has won the right to appeal.

Shareen Idu claims East Suffolk and North Essex NHS Foundation Trust, which operates hospitals in Colchester and Ipswich, failed to follow proper procedure when they dismissed her in May 2016 over allegations of misconduct.

The consultant emergency surgeon, who has been a qualified doctor for more than two decades, has raised in excess of £5,000 to challenge that decision.ess

Now a judge has granted her permission to appeal the decision of a disciplinary panel on the grounds she stood a good chance of success and the issue had potentially “wide implications” for other healthcare professionals.

"Delighted"

Ms Idu said: “I’m delighted to have been granted this appeal. This is one hurdle cleared but I know there are a few more to come before justice is done.

“I’ve said from the outset I don’t think I’ve been fairly treated during this process and now I’ll be able to test that at appeal. I’m not just doing this for me, but the many colleagues who may have been dismissed without proper due process.”

The appeal hinges on whether the trust circumvented strict procedures intended to protect staff from being dismissed over spurious or invalid allegations.

Under Department of Health guidelines, Maintaining High Professional Standards in the Modern NHS (MHPS), Ms Idu was entitled to have at least one medically qualified individual, who was not currently employed by the trust, as one of the decision-makers in the disciplinary process.

Serious breach of correct procedures

Ms Idu’s legal team argue this did not happen in her case – representing a serious breach of correct procedures, they say.

Since launching her crowd funding page, Ms Idu has received messages of support from dozens of donors and a single pledge of £1,650.

Ms Idu, who has had to return to her native Utrecht in the Netherlands, added: “I really want to thank all the people who have donated to my crowd funding campaign to challenge the original tribunal decision.

“Without this support I’d never have got this far – it’s been humbling knowing so many people are behind me.

“Your support will make a difference for clinicians across the NHS who are more than competent clinically and an asset to the NHS, but who are at risk of dismissal if ‘personal’ misconduct charges are wrongly raised which allows the NHS to avoid following the contractual MHPS procedure.”

Aida Smajlovic, an employment lawyer from Slater and Gordon, who represents Ms Idu, said: “We have been granted this appeal because this case has potentially wide implications for doctors and dentists facing allegations of misconduct.

“It is very important that the correct procedures are followed when decisions are being made which have such a profound impact on a person’s career and professional reputation.

“We argue Ms Idu was not subject to proper process. We are pleased that the court considers the grounds of appeal to have sufficient prospects of success and look forward to advancing our case before the Court of Appeal.”

The trust has been contacted for comment.