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A top NHS boss has called out a “predatory” surgeon who was sanctioned by regulators for sexually harassing colleagues and trainees.
Amanda Pritchard, NHS England chief executive, has condemned the “appalling behaviour” of Oxford University Hospital-based surgeon Mr James Gilbert, who was found to have sexually harassed four female colleagues.
She also announced the NHS is working on a national sexual misconduct policy which will provide workers with a route to report anonymous incidents and gain access to independent investigators.
Mr Gilbert was sanctioned by a medical practitioners tribunal service (MPTS) panel this year with an eight-month suspension. Since then the General Medical Council (GMC), which regulates doctors in the UK, has launched an appeal against the MPTS decision, calling for a harsher sanction.
The Doctors’ Association, which usually represents doctors’ interests, took the unprecedented move of calling for Mr Gilbert to be struck off following his actions.
In a tweet on Sunday night, Ms Pritchard quoted a story detailing Mr Gilbert’s wrongdoing and said: “Appalling predatory behaviour should never happen in our NHS – in settings that are supposed to be compassionate, caring and safe.
“To put it simply, sexual predators should never be allowed to work in the NHS. People who treat our colleagues that way should not be allowed to treat patients.”
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Last year NHS England launched its “sexual safety charter” which lists several commitments for hospitals and NHS organisations to sign up to in relation to tackling sexual assault and harassment in healthcare.
In her message on Sunday Ms Pritchard added: “In going further, we are also working on the first ever national NHS policy on sexual misconduct, providing staff with a route to report incidents anonymously if they choose, with access to subject matter experts and independent investigators.”
During the MPTS hearing a panel found Mr Gilbert made inappropriate sexual comments and racist remarks, as well as abusing his more senior position in the department.
During an operation he said to one trainee: “So are you a spurter? I can always tell which girls are spurters”, while on another occasion he said to her: “You’re a well-together girl, you must always wear matching underwear.
“What kind are you wearing now?”
He asked another trainee if she too was wearing matching underwear and on one occasion stared at her body and breasts and said: “I have been watching you and you’re pretty perfect.”
One woman said she did not feel she was in a “position of equal power” to speak out about the 47-year-old married father-of-two when he tickled her and massaged her shoulders without her consent.
In May 2021, Oxford University Hospitals “excluded” Mr Gilbert from working after concerns were raised about inappropriate comments and conduct towards staff but he was allowed to return to work six weeks later with restrictions on his practice.
He was dismissed in May 2022 as the matter was referred to the GMC.
Last month, the Health Service Journal revealed that the University Hospitals Sussex Foundation Trust (UHSx) is reviewing its hiring processes after it emerged that Mr Gilbert worked as a locum doctor in August 2022 at its Royal Sussex County Hospital after being sacked in May 2022 from Oxford University Hospitals.
At the time the surgeon was under investigation by the GMC but only had conditions on his practice, rather than having an interim suspension from the register.
According to the HSJ, Mr Gilbert worked locum shifts as a registrar in general surgery from August 2022 to January 2023.
In a statement to the HSJ, UHSx said: “Recruitment of clinical staff follows the recognised, rigorous NHS processes ... in this case our colleagues were not made aware of all of the information we would have expected to receive, to assist them in making their recruitment decision.
“We also accept that further enquiries could and should have been made by us, and we are reviewing our procedures to ensure they are as robust as possible.”
However in a statement to The Independent Mr Gilbert said: “All relevant parties, including the University Hospitals Sussex Foundation Trust, were informed about the reasons for my dismissal from the Oxford Universities NHS Trust and were notified about the GMC investigation into my conduct.
“An interim orders tribunal hearing in September 2021 imposed reporting conditions which I fully complied with.”
