Former Chesterfield Royal Hospital doctor has license suspended over racist remarks

Dr Tom Burton, 60, had already been dismissed by the hospital before allegations of unlawful racial discrimination and victimisation were determined by a Medical Practitioners Tribunal Service panel.

The 11-day hearing, chaired by Nessa Sharkett, upheld a series of allegations against the doctor and said ‘racist banter’ was ‘unacceptable’. Chesterfield Royal Hospital NHS Foundation Trust said they were ‘shocked and appalled by the language used’ by Dr Burton.

It comes after he repeatedly called a colleague, referred to as Dr A, a “donkey s******” - both in person and in writing.

A panel at the Medical Practitioners Tribunal Service ruled that the 60-year-old had unlawfully discriminated against his colleague in breach of the Equality Act and that he had further victimised the complainant after raising, what turned out to be, a spurious counter-complaint.

Crucially the panel ruled that the element of racial discrimination applied only to when Dr Burton labelled a water bottle he believed belonged to Dr A with the phrase “donkey s******”.

Dr Burton told the tribunal his comments were simply a ‘clumsy joke’ gone wrong and blamed a ‘culture of profane banter in the emergency department’ at the time.

As reported, the comments took place over a three day period in November 2020 with Dr A raising a formal complaint to hospital management the following month.

He told an internal hospital investigation: “Once is fine, twice you can let it pass but being paraded as a donkey s****** is a step too far.”

Dr Hal Spencer, chief executive at Chesterfield Royal Hospital NHS Foundation Trust, commented: “Everybody at the Trust was shocked and appalled by the language used which led to this result. Our action showed that we have a zero-tolerance approach to racism, and all forms of discrimination, and that we will act in a proactive and transparent manner if such issues arise.”

Tom Day, Dr Burton’s legal representative, tried to downplay the comments as ‘mickey-tacking or ribbing and said it would be ‘positively mad’ for his client to engage in racist behaviour.

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The panel heard that, several months after being informed he was the subject of a formal complaint, Dr Burton raised concerns over Dr A’s conduct and questioned whether he was working double shifts as well as concerns over his holiday periods and making reference to Dr A’s fitness to practise. This then prompted an internal investigation which found there was ‘no evidence’ to support the claims.

In handing down the decision to suspend Dr Burton’s license, Nessa Sharkett said: “As an experienced and senior doctor, Dr Burton should have known the comments he made and his actions were unacceptable.

“The Tribunal (finds) that Dr Burton’s actions brought the profession into disrepute, undermined public trust and confidence in the profession.

“While Dr Burton is on a journey of building insight and remediation, and that the risk of repetition of any of the actions set out in the Allegation is low, he has not yet gained full insight into his actions.”

Dr Burton has 28 days to appeal the outcome and is currently engaged in an employment tribunal with Chesterfield Royal Hospital NHS Foundation Trust.