In the case of Mr Obiukwu Iwuchukwu v City Hospitals Sunderland NHS Foundation Trust an employment tribunal found there were “major issues” with the investigation into Dr O Iwuchukwu, who worked as a consultant general surgeon with a special interest in breast surgery at City
Hospitals Sunderland – part of South Tyneside and Sunderland NHS Foundation Trust – from 2006 until his dismissal in 2015.
The tribunal also said the trust’s failure to properly investigate a number of grievances amounted to race discrimination. As a result, the tribunal awarded Iwuchukwu more than £67,000 for both unfair dismissal and for discrimination and victimisation.
On 13 August 2013, Iwuchukwu was operating on a patient when he was mistakenly handed an alcohol-based antiseptic solution, instead of a non-flammable aqueous solution, which he applied to the patient. He then used a diathermy pen – which targets electrically induced heat to stop wounds from bleeding – which ignited the alcohol preparation, causing the patient to suffer a major burn.
The investigation report concluded on 26 November that “system failures” were the root cause of the accident and that while human error was a “contributory factor”, the trust’s processes and practices should have been effective in preventing the incident from taking place.
However, the tribunal said that several complaints about the surgeon’s capability were raised, culminating in a capability panel hearing in March 2015, after which Iwuchuku’s employment was terminated.
The tribunal also ruled that Iwuchukwu had faced race discrimination and victimisation during his time at the hospital, including one incident where a colleague told him: “We’re not operating out of a hut in the Congo,” and the failure of the trust to properly investigate grievances rased by Iwuchukwu in May and October 2014.
The overall reward of £67,722 was made up of £29,986 for unfair dismissal, and £37,736 for discrimination and victimisation.
Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
