A CANCER surgeon sacked from Redditch’s Alexandra Hospital for gross misconduct after making whistle blowing allegations about "management failings" has lost his unfair dismissal claim.

Sudip Sarker, who is currently being investigated over a number of patient deaths, was fired from the hospital after concerns were raised about his medical practice.

He was consultant surgeon in general colorectal surgery at the hospital from 2011.

Mr Sarker complained in his witness statement to the Birmingham Employment Tribunal that he was unfairly dismissed after accusing the hospital of "systemic senior management failings" which the Worcestershire Acute Hospitals Trust, as respondents, denied.

He alleged that urinary catheters or nasogastric tubes were left in patients longer than normal and alleged one of his patients had to drink water from a flower vase overnight as she was dehydrated.

On another occasion Mr Sarker alleged a night doctor called twice to administer intravenous fluids never arrived. The hospital denied the allegations.

Following concerns, an investigation into Mr Sarker was undertaken by the trust, the scope was his clinical practice concerns and honesty, which resulted in him being subject to disciplinary charges.

He was dismissed following a disciplinary hearing in January 2015.

In her report, tribunal judge Victoria Dean said: "Concerns were raised about Mr Sarker’s work and a desktop review of his practice was carried out by the Royal College of Surgeons."

As a result his practice was restricted from October 2012 and he was excluded from the trust on paid suspension.

Miss Dean also said that Divisional Medical Director, Doctor Julian Berlet, considered that Mr Sarker had provided misleading or inaccurate information concerning a patient.

The tribunal also rejected a legal claim for disability discrimination by Mr Sarker who alleged the hospital failed to make adjustments to help him cope with dyslexia and other disorders including dyspraxia attention deficit and dyscalculia autistic spectrum disorders.

He said he worked long hours without breaks, which caused him stress.

He said he had a poor sense of direction, poor organising skills, became tired after reading for more than 30 minutes and experienced two life threatening cardiac surgeries. The trust, which accepted he was dyslexic, said it had not been aware of his disorders until January 2015.

Mr Sarker accused the trust of failing to carry out proper disciplinary and appeal hearings into his case. Miss Dean said at the time she would make a decision at a later date.

Now she has released a report to reveal that Mr Sarker has lost both his claims. Mr Sarker said he suffered from several disorders and the Trust accepted that he was dyslexic, said Miss Dean.

“But this did not cause a substantial adverse effect on his ability to carry out day-today activities."

She said that, as a result, the dismissal decision was "well within the range of reasonable responses." 

On the investigations into Mr Sarker, Miss Dean said: "We are mindful that the issues raised before us at this tribunal do not require us to comment on the claimant’s clinical practice which is the subject of the disciplinary charges subsequently raised in respect of the claimant’s conduct.

"We are, however, aware that there have been separate (General Medical Council) GMC and coroner’s and police investigations, the conclusions of which we have not been provided."

A trust spokesman said:"We are obviously pleased that the employment tribunal dismissed Mr Sarkar’s claim unfortunately due to other legal proceedings we cannot comment any further."

A West Mercia Police spokesman said an investigation into the deaths of some of Mr Sarker’s patients is being carried out.