James Gilbert was suspended for 12 months in 2024 after a medical practitioners' tribunal service found he had sexually and racially harassed multiple junior members of staff at Oxford University Health Foundation Trust.

Gilbert's suspension expired in September 2025, and he is currently registered as working at The Royal Buckinghamshire Hospital.

The GMC, which argues the suspension does not go far enough, failed in its fourth attempt to have the decision overturned at the Court of Appeal.

Dismissing the GMC's latest appeal, Lady Justice Andrews, said: ‘I am satisfied that the conclusion reached by the judge was one which was open to him, and one with which there is no basis for this court to interfere. There is no substance in the criticism that he failed to properly apply the guidance or that his reasoning was deficient. I, too, would dismiss the appeal on all grounds."

The GMC would have to take the case to the Supreme Court to further appeal. The regulator said it was currently reviewing the appeal court's decision.

A GMC spokesperson said: 'Our position is very clear – there is no place for sexual misconduct in healthcare, and we have always maintained Dr Gilbert should have been struck off. We appealed twice in this case to secure an outcome that we felt would protect patients and uphold confidence in the profession.'

Professor Vivien Lees, senior vice-president of the RCS England, said: ‘Our surgical community has long raised concerns about whether sufficient penalties are being applied consistently, particularly in cases where the GMC has pressed for a stronger sanction. Targets of misconduct must feel safe and confident that robust action will be taken when they report concerns. 

‘The current system of medical regulation has too often failed targets of misconduct. Instead of delivering justice, it has frequently compounded trauma, allowed perpetrators to remain in positions of authority, and ultimately undermined patient care. 

‘RCS England is committed to eradicating these behaviours. We continue to call for a national, independent, anonymous reporting mechanism so NHS staff can raise concerns safely and with confidence. We have also introduced a comprehensive code of conduct, making clear that anyone who abuses their position as a surgeon has no place in our college.'