HEALTH chiefs have been ordered to reinstate a nurse they sacked three years ago after a judge ruled he was victimised.
An employment tribunal this week found that Yunus Bakhsh had the right to demand his job back, half a decade after he was first suspended amid claims of bullying fellow workers.
Bosses at Northumberland, Tyne and Wear NHS Trust first suspended and then dismissed Mr Bakhsh after they received anonymous complaints against him.
It emerged later that some of those who gave statements criticising the trade unionist in a management investigation had previously joined racist groups on Facebook.
Last summer, a tribunal ruled that Mr Bakhsh’s sacking was sparked by his activity with the trade union Unison and that he had been the victim of disability discrimination.
The 50-year-old from Sunniside, Gateshead, was sacked in June 2008 while on leave suffering from depression.
A tribunal panel sitting on Newcastle’s Quayside this week ordered that the trust re-employ him in his job as a psychiatric nurse, compensate him for lost earnings, and pay an undisclosed penalty for discriminating against him. Mr Bakhsh last night said he was “jubilant” at the decision, although the Trust board have yet to confirm whether it will obey the ruling.
“All I’ve ever wanted is to return to my job as a nurse in the NHS, which I love,” he said.
“It’s one of things I’m passionate about, and what I’m trained to do. I have persevered for justice and I think I have got that. I am happy just to be able to go back to work. I have had no indication from my former employer that they are going to refuse to obey the law and reinstate me. So I await confirmation of a start date.
“All I want is to put this behind me and go back to work. I was proud to be an NHS worker because they do wonderful things for people. I am overjoyed that I can move on with my life and look forward to again caring for patients.”
Mr Bakhsh worked at Newcastle’s Hadrian Clinic for Northumberland, Tyne and Wear NHS Trust for more than two decades with an unblemished record before he was suspended. “It was a shock when I found out I could lose my job,” he said. “For an NHS Trust to suspend someone while they are on leave for depression leaves a bitter taste.
“Only 3% of these type of cases ever end in the order to reinstate and never after such a long time, so it is unprecedented.
“This is the outcome I’ve fought for because I lost the job I loved through no fault of my own.
“I’m determined to be back as soon as possible, although I realise there will be training needed in the areas I’ve missed because medicine is always evolving.”
Mr Bakhsh had disciplinary proceedings carried out against him 21 months after his original suspension but was too ill to attend.
In his absence Trust bosses fired him and informed the worker by letter that his 23 years with the NHS were at an end.
The tribunal heard details of his dismissal, and in a unanimous judgement the panel agreed that Mr Bakhsh had been victimised because of his trade union interests.
They agreed that trust bosses had tried to deter and prevent him from taking part in union marches and other work.
A spokesman for Northumberland, Tyne and Wear NHS Trust said last night that the tribunal’s ruling would be discussed after the Easter break.
He added: “It is our policy not to comment on matters relating to current or former employees.
“However, we are aware of the judgement and the matter will now be taken into consideration by the trust’s board of directors.”
