An NHS doctor has been suspended after referring to a Mexican colleague in a derogatory manner. Dr Tom Burton, a consultant emergency physician at Chesterfield Royal Hospital NHS Trust, was reprimanded by a tribunal for engaging in racist banter. The incident occurred during a team conversation in November 2020.
According to Dr Burton, he made the comment in response to the colleague, who is of Mexican heritage, making a derogatory remark about his supposed sexual interest in sheep. A witness confirmed that Dr Burton’s comment was not unexpected but still crossed a line.
Dr Tom Burton, a consultant emergency physician at Chesterfield Royal Hospital NHS Trust, was scolded by a tribunal for his ‘racist banter’. Pictured, the Chesterfield Royal Hospital
Dr Burton, who has had an exemplary disciplinary record and career, admitted to writing the offensive phrase on a bottle that he believed belonged to the colleague. Due to the seriousness of his misconduct, he has been suspended for four months.
The panel concluded that Dr Burton’s conduct amounted to serious misconduct and fell significantly below the expected standards of a doctor. However, they acknowledged his positive reputation among colleagues and patients.
While the tribunal recognized that the comment was a clumsy joke and that inappropriate banter was prevalent in the workplace, they noted that Dr Burton and his colleague did not have a close or friendly working relationship despite their years of working together.
Dr Burton has taken responsibility for his actions, apologizing for his mistakes and attending remediation courses at his own expense. He also underwent an internal investigation and lost his job.
The complaint against Dr Burton was made by a colleague referred to as Dr A, who accused him of engaging in racial harassment by making offensive comments. According to Dr A, Dr Burton made a remark about Mexicans engaging in bestiality, which caught them off guard and created an uncomfortable environment.
In response to Dr A’s comment, Dr Burton claimed to have replied that it wasn’t the English, but the Welsh, who engage in such activities. Dr A’s account was supported by another medic, leading the tribunal to conclude that his version of events was more likely to be accurate.
The ruling stated that although the banter was inappropriate and offensive, it did not create a hostile or degrading environment. However, Dr Burton’s act of writing the offensive phrase on the water bottle crossed the line and created such an environment.
Furthermore, the tribunal found that Dr Burton’s actions, including questioning Dr A’s whereabouts and fitness to practice, constituted unlawful victimization and called into question the integrity of his accuser.
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