Success for doctor in internal NHS investigation

Stephen McCaffrey, joint head of chambers, advised and represented a very senior oncology consultant in London who had been investigated in relation to alleged dishonesty connected to time spent in private practice whilst on sick leave from the NHS.

There were a number of allegations however Stephen’s argument focused on the investigation and building a defence case to undermine conclusions being made based on an out of date work plan and contract.

With Stephen’s advice and representation, the oncology consultant successfully avoided a finding of gross-misconduct and the Tribunal issued a final written warning on the basis of lack of clarity exposed by Stephen’s investigation and argument.

The oncology consultant said:

“I never envisaged in my career that [a final written warning] would be something to celebrate but that is what I will be doing. I cannot begin to tell you the weight that’s been lifted, I have my life back. I cannot thank you enough for everything .”