Surgeon wins court of appeal battle four years after dismissalBMJ 2002; 324 doi: https://doi.org/10.1136/bmj.324.7331.192b (Published 26 January 2002) Cite this as: BMJ 2002;324:192
- Clare Dyer, legal correspondent
A surgeon who lost his claim for unfair dismissal after he was sacked for allegedly lying about an operation that went wrong has won the right to take his case back to the employment tribunal for a new ruling.
More than four years after David Skidmore was dismissed, the appeal court ruled that Dartford and Gravesham NHS Trust should have used the disciplinary procedure for professional misconduct and should not have treated his case as one of personal misconduct.
Three appeal court judges ruled that the case should go back to an employment tribunal to reconsider whether his dismissal was unfair. …