BMA supports surgeon to uphold his win in race discrimination case
Our client Mr Omer Karim, one of the country’s most talented urological surgeons is being supported by the British Medical Association (BMA) in defending his Direct Race Discrimination finding against the General Medical Council (GMC).
In June 2021 Omer Karim won his claim of direct race discrimination against the GMC. The GMC has since lodged an appeal to the Employment Appeal Tribunal. The BMA is set to support our client and fund Mr Karim’s legal costs. Mr Karim’s legal team includes Shazia Khan, Founding Partner of Cole Khan Solicitors LLP and Karon Monaghan QC of Matrix Chambers.
Mr Karim worked at Heatherwood and Wexham Park Hospitals NHS Foundation Trust, (now Frimley Health NHS Foundation Trust) as a Consultant urological surgeon. He was widely acclaimed as and one of the country’s top robotic surgeons for prostate cancer.
Mr Karim was a whistle-blower about patient care and raised concerns that ethnic minority doctors were being subjected to bullying. The Trust conducted several investigations into his alleged conduct, eventually referring him to the GMC where he was subjected to a Fitness to Practise Tribunal. None of the contested allegations were found to be proven and the Tribunal determined that Dr Karim had not committed any misconduct. Mr Karim argued that while the investigations into his conduct continued for years, similar complaints against a white colleague were quickly dropped. In August 2018 Mr Karim brought Employment Tribunal claims against the GMC, including a claim of direct race discrimination. The Employment Tribunal found that that claim was well founded. The Judge also recognised the statistical evidence demonstrating the adverse treatment of ethnic minority doctors by the GMC, and described the ‘level of complacency about the operation of discrimination in the work of the GMC’. This was evidenced by the GMC’S witnesses, particularly with their answers to the GMC’s equal opportunities and training. In addition, the Tribunal said the GMC was ‘looking for material to support allegations against the claimant rather than fairly assessing matters presented’
Quote: Mr Karim’s Solicitor, Shazia Khan said ‘It is regrettable that the GMC has decided to appeal this judgement in the face of such strong findings of Direct Race Discrimination. My client’s fight has been strengthened by the BMA standing up to support him. We intend on safeguarding his win and rigorously defending the appeal’.
Quote: Mr Karim said ‘It is disappointing how little insight the GMC has into it’s own conduct. Appealing a judgement from an independent Employment Tribunal, suggests that they stand by their actions and see themselves as above the law. Rather than fighting for an appeal, the GMC should instead be focusing their efforts on effecting radical transformation so that doctors and the public can trust the way the medical profession is regulated.’
Link to the BMA’s news story 25 August 2021 here: BMA backs surgeon's race discrimination case