DHSC hands out 'unfair dismissal' compensation

Taxpayers pay £500,000 since doctor's suspension

A consultant doctor earning around £185,000 a year at Noble's Hospital has claimed £37,000 in an unfair dismissal case.

Egyptian-born llhamy Saad Boughdady Iskander - who was contracted as a consultant general surgeon at Noble's Hospital - had his post terminated after 14 years with just three-months notice in May last year.

The Department of Health and Social Care says it sacked him on grounds of capability after an investigation deemed him a 'real risk to members of the public'.

A document summarising the tribunal has been made public this week.

Since his dismissal, DHSC has paid Dr Boughday's wage, and additional costs to fill a gap left by his departure - costing taxpayers around half a million pounds.

An investigation was carried out after a number of complaints into his conduct were highlighted by the General Medical Council. 

It was deemed by the GMC that these concerns shouldn't necessarily prevent him practicing - but he needed to participate in a remedial programme to raise his game, advising his suspension in the interim - which Mr Boughdady himself says was 'harsh'.

He was then investigated by a Capability Panel between 2014 and 2015.

In that time, the department spent hundreds of thousands of pounds on locum replacements and re-staffing - with what it called a wide-reaching and debilitating effect of uncertainty, a drain on resources - which prevented staff development.

Dr Boughdady's defence outlined that he was indeed taking remedial action, as required by the GMC in the assessment report when he was dismissed.

There were also some accusations levelled at the department on grounds of racial discrimination on account of his Egyptian heritage.

Dr Boughdady has won the case, as it was found the outcome of the DHSC's Capability Hearing and subsequent appeals weren't fair or reasonable.

But, the finding was that his conduct justified reducing his compensation by 80 per cent to reflect blame - meaning the tribunal only allowed him to take home 20 per cent of what he asked for.

So, although he's considered to be unfairly dismissed - he only gets a basic award of £1,568, his total net loss was at £28,260, and he was awarded £7,245 for future loss, and £89 for the loss of his statutory rights - which, added together, amounts to around £37,160.

The tribunal believed it to be reasonable that Mr Boughdady should re-train - he'll now be available for work as a consultant as early as next year.

He's still entitled to claim an Isle of Man Government pension.

For more information on the case, listen here: