Simon Gurney was instructed by Jared McNally of Clifford Johnston Solicitors, to represent Dr X, a Consultant working in the NHS, both as a substantive consultant for one Trust and a locum consultant for another. She had worked in the UK for over 20 years without any previous complaint.
During the Covid-19 pandemic, Dr X was required to work from home. On over 90 occasions during that period Dr X worked shifts as a locum during the same period of time as she undertook her substantive role. She was paid for the locum shifts whilst also receiving her salary.
Dr X was the subject of internal misconduct proceedings and dismissed from her substantive post as a result of a finding of gross misconduct.
Dr X was investigated by the NHS Counter-Fraud Authority and referred to the GMC. Simon and Jared were instructed to advise Dr X in relation to both the criminal and GMC investigation.
Simon and Jared prepared detailed pre-charge representations, which were submitted to the Counter-Fraud Authority. Those representations, and an offer to repay the money improperly paid to Dr X, successfully persuaded the NHS Counter-Fraud Authority not to refer the case to the CPS for charge, thus avoiding Dr X facing criminal proceedings for fraud.
However, Dr X still faced a lengthy investigation by her regulator, the GMC. At the conclusion of its investigation, the GMC referred allegations to the Medical Practitioners Tribunal, that Dr X had known she ought not to have been working double shifts and, therefore, her actions were dishonest.
Allegations of dishonesty against medical practitioners are of the utmost seriousness and, if found proved, often lead to erasure from the medical register.
Jared and Simon advised Dr X throughout the proceedings, on responding to the investigation and preparing her defence. Simon represented Dr X during the 8-day hearing before the MPT.
The Tribunal found that Dr X had not known she was doing anything wrong and rejected the GMC’s allegation of dishonesty. Further, the Tribunal found that the double running was not, in itself, misconduct and that Dr X’s fitness to practise was not impaired. Finally, they declined to issue a warning, meaning that Dr X was free to continue to practice without any restriction or regulatory action.
Dr X described the experience as the most stressful time of her life. She had been dissatisfied with the lawyers that represented her in her employment dispute, but found Jared through an online search. She said:
“The things that made Jared stand out for me were his empathy, his easy accessibility when I was freaking out and wondering what to do, the detailed paperwork that he always sent to me on time, and the information he provided me with on what was happening at every step.
Jared kindly introduced me to Simon as the best barrister to handle my case, and because I trusted Jared’s judgment, I agreed to have Simon handle my case. Thank God I did. I was blown away by his thorough understanding of the intricacies of my case. We had several team calls to explain what was happening at different stages.
My hearing lasted 8 days. Simon was very empathetic. As I sat in the hearing, I understood why Jared said Simon was the best person for the job! His arguments were persuasive, his mind sharp and analytical, able to think fast and say the right thing. I felt reassured throughout the hearing.
I think what set both Simon and Jared apart for me compared to the others was their understanding of the emotional toll that being referred to the GMC can have on someone. They both treated me with kindness and empathy, and for this, I am deeply grateful.
Thanks to Simon and Jared, the allegations of dishonesty, gross professional misconduct, and impairment to practice were all dropped. I am now a free woman! I cannot say thank you enough! I remain forever indebted!”
Jared is a Senior Partner at Clifford Johnston & Co Solicitors, who specialise in criminal and professional regulatory proceedings. For more information, follow the link: https://www.cj-law.co.uk/regulatory-law
Simon Gurney has a wealth of experience across a range of disciplinary tribunals representing professionals facing allegations of serious professional misconduct. He has a strong track record securing outstanding results and is happy to accept instructions either to advise or to appear during a contested hearing.
If you would like any further information please contact David Wright, Senior Clerk in Chambers on 0161 832 5701 or dwright@lincolnhousechambers.com