A leading consultant at top-security Broadmoor Hospital - sacked after complaints of bullying from colleagues, including a former lover - has won his case of unfair dismissal.
Dr Sameer Sarkar had worked at the hospital for six years when he was dismissed for gross misconduct in 2007.
The 46 year old psychiatrist sued his employers, West London Mental Health Trust.
An employment tribunal found in his favour but this was overturned by an employment appeal tribunal.
Three judges at the Court of Appeal restored the original decision, allowing Dr Sarkar, from Wokingham, Berkshire, to bring a case for damages unless the trust settles.
Lord Justice Mummery, giving the ruling of the appeal court, said the employment tribunal had found the trust unfairly sacked Dr Sarkar but reduced the compensation by 25 per cent because of his own contributions to his dismissal.
The trust took action under its fair blame policy, a procedure that cannot lead to dismissal.
But this broke down when the trust’s medical director, Dr Elizabeth Fellow-Smith, said she was sending a report about his conduct to the General Medical Council where Dr Sarkar sat on the fitness to practise panel.
He was then suspended pending the outcome of a formal disciplinary hearing when new allegations were added to the complaints.
These included parking his car incorrectly at Broadmoor car park, an “inappropriate e-mail” to a colleague and an abusive phone call.
Lord Justice Mummery said the disciplinary panel found the allegations proved and that amounted to gross misconduct.
The appeal judge said the tribunal was entitled to take the view that it was inconsistent for the trust to sabotage the fair blame policy discussions at a late stage by introducing the reporting of the matter to the GMC and then to charge him with and to dismiss him summarily for gross misconduct.
The trust said in a statement that it was disappointed with the outcome and is considering next steps.