'Threatening' nurse sacked after 'grabbing hold of colleague's top' and demanding: 'Answer me'

A Teesside nurse ‘threatened’ a colleague, grabbing hold of their top and demanding: “Answer me”.

Mental health nurse Ejiro Efe Bourdillon, who was previously employed at Roseberry Park Hospital in Middlesbrough, was caught on CCTV taking hold of the employee’s collar with ‘both hands quite firmly and for approximately eight seconds’. However, during a Nursing and Midwifery Council (NMC) misconduct hearing, he maintained that he was ‘rearranging their collar and simply touching their polo shirt’.

The nurse then used his body to stop the colleague from leaving the room by positioning himself between them and the door, the report adds. Mr Bourdillon was subject to disciplinary proceedings from the Tees, Esk & Wear Valleys NHS Foundation Trust after the ‘threatening and intimidating behaviour’.

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A Fitness to Practise Committee report has now revealed details of the hearing which ruled that his fitness to practise is impaired. In May 2022, the NMC received a referral from the trust raising concerns about Mr Bourdillon which alleged that he displayed threatening and intimidating behaviour to a colleague in July 2021.

Colleague A informed the trust that Mr Bourdillon grabbed the top of their polo shirt and said: “What would you do if you were a man?”. They reported that they asked Mr Bourdillon to let go to which he said: “Answer me” and repeated the question. He then said: “Tell me… you would go around f******?”

Later, colleague A passed Mr Bourdillon in an office and he said: “Don’t walk past like this, come on don’t leave me like this”. The employee reported their concerns to their colleagues who advised them to go to the nurse in charge. Their partner later came to pick them up from work and Mr Bourdillon is alleged to have shouted Colleague A’s name in the carpark.

When questioned, Mr Bourdillon allegedly informed the trust that Colleague A was not being honest about what happened. He claimed he had seen Colleague A’s collar flailing and readjusted it. However, he acknowledged that he did shout “[Colleague A], is that you” in the carpark as you wanted to discuss the complaint with them.

The panel found the following charges proved:

• 1b - Grabbed Colleague A by the top of their shirt

• 1d - Said ‘What would you do if you were a man?’, ‘You would f*** everyone, won’t you?’ , ‘Answer me’, or said words to that effect to colleague A

• 1e - When Colleague A attempted to leave the conversation, physically prevented them from doing so

• 1f - Said ‘Don’t walk past. Don’t leave me like this’ or said words to that effect to Colleague A.

• 1g - Looked Colleague A up and down

'Innocent explanation'

The panel concluded that Mr Bourdillon did not shout at Colleague A. The report explains: “The panel noted that both you and Witness One accepted that you shouted Witness One’s name but that you did not shout directly ‘at’ them. The panel considered the action of shouting ‘at’ someone suggests an element of confrontation. The panel therefore determined that your shouting Witness One’s name amounted to a call to obtain their attention.”

The allegation that Mr Bourdillon pointed into Colleague A’s face was also found not proved. The panel also found that the nurse's actions in charge 1g - looking a colleague up and down - were not “sexually motivated”.

During evidence, the witness stated that Mr Bourdillon “looked them up and down in a ‘sexual way’”, making them feel "uneasy, upset and uncomfortable". However, the report adds: “In cross examination, they agreed that there could be alternative (innocent) explanations which might also make them feel uncomfortable, and they stated that, at the time, they thought you were 'joking around like men do'.

“The panel bore in mind the advice and considered that there could be an innocent explanation for you looking Witness One up and down. Witness One described you in their written statement as a ‘practical joker’ and they confirmed in their oral evidence that you were ‘a funny guy’. In your oral evidence, you confirmed that you ‘had a laugh with staff most of the time’. The panel considered that your actions at charge 1g could have been done in a joking manner.”

During submissions on misconduct ruling, Silas Lee, on behalf of Mr Bourdillon, “acknowledged that you accepted that you overstepped professional boundaries and, in effect, breached sections of the code”. However, stated that his client’s fitness to practise is not impaired.

Mr Lee stated that Mr Bourdillon would not bring the nursing profession into disrepute as it was a “one-off incident between colleagues” and Mr Bourdillon admitted he “overstepped professional boundaries”. He also stated that the matter went through a disciplinary procedure and Mr Bourdillon was dismissed.

The panel concluded that the charges amounted to a breach of the code. “The panel determined that there is a real risk of repetition based on your limited insight and failure to fully address the concerns,” the report states. “The panel therefore decided that a finding of impairment is necessary on the grounds of public protection.”

The panel made a practice order for a period of 12 months. In response, a spokesperson at Tees, Esk and Wear Valleys NHS Foundation Trust said: “Our values of respect, compassion and responsibility are at the heart of our organisation, and we expect those representing our Trust to make a commitment to these values at all times. Although we can’t discuss individual cases, we can confirm that the individual no longer works for our Trust.”

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