Former doctor at Chesterfield Royal Hospital facing allegations of racism for “poorly judged joke”

Dr Tom Burton is appearing before a tribunal after repeatedly branding his colleague a “donkey s******”.

A panel of the Medical Practitioners Tribunal Service has heard the doctor concedes the remarks were “clumsy” but denies they were racially motivated.

He is appearing before an 11 day facing allegations of racial harassment in November 2020 and allegations of victimisation between January and February 2021.

Kathryn Johnson, representing the GMC, told the tribunal that the main allegations of racism relate to a course of conduct between November 24 and 27 2020 in which Dr Burton repeatedly referred to his colleague, known as Dr A for the tribunal, as a “donkey s******”.

Dr A, in written evidence provided to an internal hospital investigation, said he had been working nights on November 24 when staff had “irrelevant small talk”. He said “out of nowhere” Dr Burton had turned to him and said “I heard Mexicans s*** donkeys”.

This account was corroborated by another doctor who provided witness evidence and said the comments “overstepped the mark” and that she could see Dr A’s “face drop, even from behind a mask”. Dr A responded to the comments initial comments by saying “I heard the English s*** sheep” or words to that effect.

The tribunal also heard that, three days later, Dr A and Dr Burton were once again working on shift when Dr Burton approached the complainant informing him he put a label on his bottle reading ‘donkey s******’.

Kathryn Johnson, for the NMC, said due to the bottle being black and as a result of its shape it was possible it could be ‘misconstrued for a sex toy’.

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Dr A raised complaints over “racially demeaning comments” to Dr Katherine Lendrum and provided a formal interview as part of an internal investigation in January 2021.

In that interview he said: “Once is fine, twice you can let it pass but being paraded as a donkey s****** is a step too far.”

Dr A described the formal investigation as his “worst nightmare” and that had Dr Burton apologised it “would have been enough”.

Tom Day, representing Dr Burton, told the tribunal that there is a “difference in recollection” over the chronology of events – suggesting Dr A’s reply might have in fact come first.

Dr Burton said the joke was “ill-judged” and that he “regretted” placing the label on Dr A’s bottle but denies that there was malicious intent or any racist motivations.

The panel also heard Dr Burton felt as though Dr A ‘carried out vendettas against people’ and that he had ‘become the latest target’.

Kathryn Johnson also said Dr Burton contests that his comments were a “clumsy joke that (he) didn’t expect Dr A to take as he did”.

The panel heard that, several months after being informed he was the subject of a formal complaint, Dr Burton raised concerns over Dr A’s conduct and questioned whether he was working double shifts as well as concerns over his holiday periods and making reference to Dr A’s fitness to practise.

Dr Burton told hospital staff that he didn’t believe Dr A was “good value for money” and labelled him an “agent provocateur”. This then prompted an internal investigation which found there was ‘no evidence’ to support the claims.

The tribunal heard that Dr Burton denied being “team gossip or rumour mill” and that he said he was presenting “serious issues regarding the professionalism and probity of (Dr A)” after concerns from others had been raised with him “spontaneously”.

But Mr Day told the panel that Dr Burton’s concerns were ‘genuinely held’ at the time they were raised though he has subsequently accepted they proved to be unfounded.

Dr Burton denies the allegations. The hearing continues and is scheduled to conclude on July 28 with Dr A and Dr Burton still to provide evidence.

Chesterfield Royal Hospital NHS Foundation Trust has been approached for comment.