Doctor 'emboldened' by 'banter culture' is suspended for sexual harassment

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A locum doctor is facing a nine month suspension for sexual harassment after being “emboldened” by the “culture of banter” in the department where he was working.

A tribunal has found that Dr Mubashsher Muhammed repeatedly touched and “flirted” with two nurses whilst working at an emergency department in Stockport.

The doctor blocked a female nurse’s entry to a changing room and placed his hand on her throat whilst asking for her phone number, the tribunal ruled.

The tribunal heard that in WhatsApp messages, one of the nurses referred to the doctor “flirting” with her and using banter.

One of the nurses also told the tribunal that it was a high pressure department with a general culture of banter and "gallows humour".

In its ruling, the Medical Practitioner Tribunal Service stated it “accepted that there was a culture amongst more long-standing staff of ‘banter’ and familiarity that included touching. Dr Muhammed was new to the department. The Tribunal make no comment as to whether this wider culture was appropriate or not. Dr Muhammed was asked to stop by Nurse A and Nurse B but he carried on, nonetheless.”

It added: “Whilst not condoning the conduct of Dr Muhammed, the Tribunal accepted his evidence that there was a culture of ‘banter’ and that he had joined in. The Tribunal inferred his behaviour may well have arisen as Dr Muhammed had been emboldened by the ‘banter’ and the culture of the department between other doctors and nurses, who were much more long standing colleagues. He was new.

“He had, however, taken it much further by behaving the way that he did.”

The tribunal heard, that in reflective documents, Dr Muhammed had stated: “The index issues that I identified were non-clinical contact, allegation of commenting on appearance, participation in banter and the allegation of unwanted contact. To address these, I will immediately limit the contact to clinical only and avoiding any form of banter, comments on others appearance and any form of unwanted contact.

“At times, I found myself as a tactile individual struggling to balance empathy and compassion with the maintaining appropriate distance and objectivity. The rapport that I have built with my colleagues lead to personal connections, and while I know it's essential to show genuine care, I will limit my interaction to a verbal reassurance than that of touch.”

Dr Muhammed’s suspension is delayed by 28 days, to give him time to lodge an appeal.

Quoted in The Times today, the doctor says: “I am disappointed with the tribunal’s findings and will be taking time to reflect on the outcome and consider my options.”

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