Regulator defends interim chief over race discrimination concerns

The NMC announced on Thursday that Dawn Brodrick would take up the interim role on Monday 1 July, replacing Andrea Sutcliffe, who is stepping down due to illness.

Ms Brodrick was chief people officer at King’s College Hospital Foundation Trust at a time it was criticised by an employment tribunal for its handling of the case of a black IT manager who was dismissed for gross misconduct.

Richard Hastings was awarded a reported £1m after the tribunal ruled that an investigation into a dispute – in which Mr Hastings was accused of assaulting a van driver – was “fundamentally flawed”.

Ms Brodrick was not named in the judgment, but the tribunal found major problems with various HR processes. The trust was found not to have followed its own policies around fair conduct of disciplinary proceedings and equal opportunities. Minutes of a disciplinary hearing and appeal went missing and, despite the trust having a large HR department, the investigation was “one sided and inadequate”.

In a blog posted online about Ms Broderick’s appointment, NHS race discrimination expert Roger Kline, along with former Labour health minister Ann Keen, say: “This case cost the NHS well over £1m. It cost Mr Hastings his career.

“It sent a message to black and minority ethnic staff at King’s College Hospitals that the trust at the time would defend the indefensible when it came to racism.

“The trust ’apologised’ but there was no serious learning in the months that followed.”

They add that Ms Brodrick’s appointment “raised questions… to put it mildly. The least the NMC can do is to explain why due diligence did not flag these issue as potential obstacles to the appointment or, if they didn’t, to explain why.”

But in a statement to HSJ last night, NMC chair Sir David Warren said: “The council considered the capabilities and experience we need from an interim chief executive and registrar. In the context of the challenges facing the NMC, we felt that front and centre was the need for someone with experience of leading change in complex, purpose-driven organisations, who feels passionate about the NMC’s purpose.

“Dawn impressed us on each of our requirements, and we’re confident in our due diligence processes.”

Ms Brodrick was chief people officer at King’s from 2015-2020. During that time the trust also had a public dispute with a union official who raised issues about a “hostile climate and indifference to (black, Asian and minority ethnic) staff grievances,” the lack of a senior equalities committee and proper ethnicity monitoring, and said Ms Brodrick should “go”. The trust said it took its responsibilities seriously and criticised the actions of the employee.

Ms Brodrick left her King’s post the following year. She then joined the Crown Prosecution Service as chief people officer two months later, according to her LinkedIn profile, and held that role until now.

The NMC has itself been accused of a “culture of fear” and failing to address alleged racism in how it treats conduct cases. Its 2022 workforce and race equality survey showed just 30 per cent of staff with a minority ethnic background felt there were equal opportunities for career progression.

HSJ has tried to contact Ms Brodrick but had no response.