The Registrant faced several charges of serious professional misconduct when he practised as a nurse between 2019 and 2023. These charges included allegations he (i) failed to provide patient care to different patients at multiple hospital sites, (ii) made repeated racist comments to a male colleague (racial harassment), and (iii) made comments of a sexual nature to several female colleagues (sexual harassment).
During a substantive 13 day hearing in August 2024, a Fitness to Practise committee heard live detailed evidence from 11 witness called on behalf of the Nursing and Midwifery Council (NMC) and live evidence from the Registrant. The Registrant admitted making the alleged comments. However, he denied they were intended to abuse a protected characteristic (Sections 9 (race) and 11 (sex) Equality Act 2010).
Racial and Sexual Harassment
The FTP committee heard robust and detailed submissions from Dr Graydon and the Registrant’s advocate on the purpose and effect of the admitted racial and sexual comments. The committee accepted the Registrant’s submissions that they did not say the racist and sexual comments with the purpose of violating his colleague’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. However, the committee did find his actions had the effect of doing so as submitted by Dr Graydon on behalf of the NMC. In addition, the committee also went on to find the Registrant’s actions to several of his female colleagues amounted to sexual harassment and his actions to his male colleague was racial harassment. Similarly, this was consistent with the submissions made by Dr Graydon on behalf of the NMC.
Strike Off
When it came to sanction, the committee was persuaded that imposing the most severe sanction (striking the Registrant name off the register) was appropriate and proportionate in the case. The committee concluded that some of the Registrant’s conduct was “significantly serious in that it caused actual harm to colleagues”. In striking the Registrant off the register, the committee highlighted the Registrant’s “deep-seated and attitudinal problem” and “evidence of a pattern of behaviour that had been and is likely to be repeated in the future”. The committee concluded the Registrant had limited insight into his misconduct “which increased the likelihood of repetition”.
It is significant that in deciding on sanction, the committee had regard to the nature and outcome of separate regulatory proceedings against the Registrant in 2017. In those proceedings, similar concerns were raised about his behaviour after which conditions were imposed on his nursing practise. The 2017 was reported in the local press in these two articles.
Royal Derby Hospital Nurse's behaviour was 'entirely inappropriate, unacceptable and potentially demeaning to women
https://www.derbytelegraph.co.uk/news/derby-news/royal-derby-hospital-nurse-told-802396
Fury that Royal Derby Hospital nurse has not been struck off over 'entirely inappropriate' behaviour
https://www.derbytelegraph.co.uk/news/derby-news/fury-royal-derby-hospital-nurse-806196
Full Determination
The full determination for the case in August 2024 is found here.
Dr Graydon was instructed by the Nursing and Midwifery Council (NMC).
John Mackell of Counsel represented the Registrant and instructed by the Royal College of Nursing (RCN).