A former NHS theatre practitioner has been struck off the professional register for subjecting a female colleague to a campaign of sexual harassment, including sending her pornographic text messages and gifting her lingerie.
Details of the Misconduct
Chris Smith began working with the woman, known only as Person A for the tribunal, in April 2019 while employed through an agency at Sandwell Hospital, part of the Sandwell and West Birmingham Hospitals NHS Trust. He later became a band six senior theatre practitioner at the hospital between July 2019 and October 2020.
The Health and Care Professions Tribunal Service (HCPTS) heard that after exchanging numbers for shift cover purposes, Person A was 'bombarded' with messages between July and December 2019. She described feeling 'very annoyed', 'distraught' and 'sick' due to his conduct.
Person A alleged that Smith's behaviour extended beyond messages. She claimed he followed her at work, once put his head on her shoulder, and kissed her on the cheek on another occasion.
Inappropriate Gifts and Messages
The tribunal examined evidence of several inappropriate gifts and notes. These included:
- A Sandwell and West Birmingham NHS Trust 'we value you' card containing words of an 'inappropriate and/or sexual nature'.
- A chocolate bar placed in her bag with 'I want you' and/or 'baby cake' written on the wrapper.
- A gift of lingerie given as a Christmas present.
Person A stated she kept all these items as proof of his conduct.
Most damning were the text messages presented to the panel, which it deemed 'wholly inappropriate and sexual in nature' and 'pornographic'. Examples included: 'Lookin forward to our nights, can I f*** you on the trauma table' and 'I wanna see my b***s bangin against ya *** xxx'.
The panel concluded the messages were 'full of sexual words, and descriptions of sexual acts which could not reasonably be characterised as acceptable banter' and were sent to a professional colleague without solicitation.
Defence and Tribunal Findings
Mr Smith, who did not attend the hearing, submitted a written defence claiming a 'culture of banter within the workplace'. He argued Person A had bought him a personalised condom from a trip to Poland and had 'enjoyed the attention'.
He stated the messages were private, between consenting adults, and sent outside work. He admitted the lingerie gift was a 'misjudgement' and had apologised.
Person A strongly contested his version of events. She denied any flirtatious behaviour, stated the condom gift was from another colleague, and said any social invitations were to maintain team peace.
The HCPTS panel found no evidence the messages were welcome and noted they were 'one-directional and entirely unreciprocated'. It determined Smith had engaged in 'repeated sexual misconduct and predatory behaviour' that made Person A feel intimidated at work.
The Sanction and Outcome
Despite Smith being of previous good character and having made a limited apology, the panel considered the findings 'extremely serious'. It stated his behaviour 'persisted over a period of time', was 'sexually motivated', and undermined professional teamwork to the detriment of patients.
The panel noted Smith lacked insight, had not attended the hearing, and provided no evidence of remediation. It deemed a striking-off order, a last resort, as 'necessary and proportionate'.
Chris Smith was suspended in October 2020 pending an internal investigation but left the Trust before its conclusion. He has since informed the HCPC he no longer intends to practise as an operating department practitioner.
The panel's final ruling was to strike his name from the register, eliminating all other sanctions as insufficient for the gravity of his misconduct.
