Court upholds return of surgeon who harassed staff

An attempt to block a transplant surgeon who sexually harassed four female colleagues from returning to practice has failed.

James Gilbert worked as a senior registrar at Oxford University Hospitals (OUH) NHS Trust in 2008 and 2009, and later as a consultant from 2010 to 2022.

He was suspended from practising for 12 months in 2024, but the Medical Practitioners Tribunal Service (MPTS) restored his right to practise last year.

The General Medical Council (GMC) appealed against that decision, arguing he should have been removed from the medical register. However, the Court of Appeal has now dismissed the challenge.

A spokesperson for the GMC told the BBC: "Our position is very clear - there is no place for sexual misconduct in healthcare, and we have always maintained Dr Gilbert should have been struck off.

"We appealed twice in this case to secure an outcome that we felt would protect patients and uphold confidence in the profession."

The MPTS previously said Gilbert had "taken positive action to ensure that his misconduct is not repeated", and found his fitness to practice was no longer impaired, meaning he could return to working on 12 September.

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

One woman told the tribunal that 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 a previous High Court case, found that the doctor had made racist comments towards colleagues.

In other claims, 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 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 Gilbert's dismissal in May 2022.