Chris Smith began working with the woman - referred to as Person A during an Health and Care Professions Tribunal Service hearing - in April 2019
05:30, 12 Jan 2026
A former Sandwell Hospital worker has been struck off for 'bombarding' a colleague with 'wholly inappropriate' messages, calling her 'baby cakes', and gifting her lingerie.
Chris Smith began working with the woman, referred to as Person A, during last month's Health and Care Professions Tribunal Service hearing in April 2019, when he worked for an agency.
Between July 2019 and October 2020, he was employed as a band six senior theatre practitioner at the hospital, which is part of the Sandwell and West Birmingham Hospitals NHS Trust.
Person A said they'd swapped telephone numbers when she had needed cover for a shift.
However, she claimed she was 'bombarded' with messages between July and December 2019, which she felt 'very annoyed', 'distraught' and 'sick' about.
According to Person A, she felt as if Mr Smith had followed her around at work, and he'd once put his head on her shoulder.
She also alleged he kissed her on the cheek on another occasion.
Person A said she also received a Sandwell and West Birmingham NHS Trust 'we value you' card from Mr Smith with words of an 'inappropriate and/or sexual nature' written on it.
Mr Smith was also said to have placed a chocolate bar in her bag with the words 'I want you' and/or 'baby cake' written on the wrapper, and gifted her lingerie as a Christmas gift.
However, Mr Smith's case was that there was a 'culture of banter within the workplace'.
He did not attend the hearing, but in written submissions, said Person A had previously bought for him a personalised condom from a trip she'd taken with two other colleagues to Poland.
He believed Person A 'enjoyed the attention he gave to her', and 'at no point had she told him to stop sending messages to her or blocked his number'.
Mr Smith said that when he was 'told to stop' by a person referred to during the hearing as JB, he was 'shocked' and did not send Person A messages again after this.
He denied attempting to kiss Person A, or saying ‘I’ll have you’, or words to that effect, which he was accused of doing in or around October 2020, when all allegations came to light.
The panel was told he'd detailed Person A’s friendliness towards him, and said she'd invited him to a Christmas party with a few other colleagues and linked arms with him during the evening out.
Mr Smith claimed there had been 'tacit encouragement of his behaviour towards Person A by her, and she did not make any objection to this'.
He thought the chocolate had been welcome, and the comments made were just 'banter'.
The messages were 'private' and 'between consenting adults', according to Mr Smith, who said they were not sent within the workplace.
However, he accepted it was a misjudgement to give Person A the gift of lingerie, and has since apologised to Person A for any upset caused.
The hearing heard Person A disputed having 'any type of flirtatious behaviour' with Mr Smith and said the only time they had gone our socially was with a group of colleagues for Christmas drinks in December 2019.
Person A also disputed giving Mr Smith the gift of a condom - instead saying that was a colleague - and said that if she had encouraged him to come out to a work social event with other colleagues this was only to keep the peace in the team.
She also said the handwritten notes, chocolate, and lingerie given to her or put into her bag by Mr Smith had been kept by her as proof of his conduct.
The HCPC panel read the text messages and determined that many were 'both wholly inappropriate and sexual in nature'.
It deemed the messages were 'full of sexual words, and descriptions of sexual acts which could not reasonably be characterised as acceptable banter.’
Messages 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 'found that there was no evidence from Person A to suggest the messages were welcome' and 'she had been bombarded with them over periods of time when the messages were one-directional and entirely unreciprocated'.
It deemed 'text messages sent to Person A were pornographic in nature, were not solicited and were inappropriate to send to a professional colleague'.
Mr Smith had informed the HCPC that he no longer intended to practise as an operating department practitioner.
He was suspended in October 2020, pending an internal investigation, however Mr Smith ceased working for Sandwell and West Birmingham NHS Trust before it was completed.
Although Mr Smith was 'of good character', had 'no fitness to practise history', and had 'made a limited apology to Person A', the HCPTS panel felt the findings against him were 'serious, involving repeated sexual misconduct and predatory behaviour to the extent that Person A felt intimidated and threatened within her place of work'.
The panel said his behaviour had' persisted over a period of time' and 'was sexually motivated', adding Mr Smith had 'failed to work appropriately with Person A, undermining his obligation to support professional team working for the benefit of patients'.
It said a striking off order was 'a last resort' but was made as Mr Smith 'continues to lack insight and had demonstrated that he was unwilling to resolve matters'.
The panel added: "He had failed to attend the hearing and had not submitted any documentation to the panel to suggest that he had remedied his failings.
"The conduct found proved was extremely serious and without clear evidence of remediation, a severe sanction was both necessary and proportionate.
"The panel determined that it had eliminated all other options, and the only option that remained was to strike off the name of the registrant from the register."