A social care worker has been struck off after pestering colleagues with sexual remarks and slapping them on the bottom.
The Scottish Social Service Council (SSSC) heard how support worker Bishnu Lamichhane, who was based at a facility in Helensburgh, had a string of allegations against him over an 18-month period concerning three women he worked with.
The panel made the decision to remove him from the register following the three-day hearing which Lamichhane declined to attend.
The determination read: “The pattern of behaviour shows you to be at best, disrespectful of women, at worst, a sexual predator.”
During evidence, one of the complainants recalled an incident outside of work when she met Lamichhane and another colleague.
It was heard that a joke was made by Lamichhane that he would stay over at her house, however when she said she was in a one-bedroom flat, it was heard: “You said that you would only need one bed.”
The same woman also reported misconduct within the workplace.
The hearing was told: “You and she were in a service user’s bedroom. You slapped her behind out of the blue whilst the service user was in the room.”
The hearing was told that the two staff members were changing a mattress in the room.
They heard: “She went to the window to roll down the blind and you slapped her on the behind.
“She turned round to you and said your name in a startled manner. She was really shocked. It made her feel very uncomfortable, embarrassed and it physically hurt.
“She said that when things became more frequent and physical things happened, she realised it was not a one-off and could not be brushed off. The fact it was in work made things very uncomfortable and awkward.”
The hearing heard how the woman said that when challenged on his behaviour, Lamichhane “laughed it off”.
The presenter to the hearing who led evidence from three women added: “You never apologised, made out that it was not a big deal and that she was overreacting. You would pass off anything as just being funny.
“The pattern of behaviour shows you to be at best, disrespectful of women, at worst, a sexual predator.”
Another woman told the hearing how she was touched by Lamichhane on the bottom “on more than one occasion” and that this had also happened to other members of staff.
The evidence presented read: “She did not have it in her to say to you at the time that it was inappropriate as she was younger and lacked confidence. When you did that to her, it made her feel uneasy and nauseous.
“She said she was aware of you touching other girls on the bottom too. She said that the girls you touched were younger, a bit shyer than others and would not say anything or stick up for themselves.”
In summing up the evidence, the presenter said: “You made them feel uncomfortable in their workplace. They were entitled not to feel like that at their place of work and to be safe whilst working alone with you.
“There was clear evidence that you had caused harm to your colleagues and had placed them at further risk of harm. You had demonstrated a lack of respect for your colleagues and for women.”
Lamichhane’s behaviour was categorised as “extremely serious” which “demonstrated a deep-seated attitudinal issue and shows you do not respect women”.
The determination read: “It seems you think you have a right to say what you want and touch women’s bodies without consent. You made your colleagues feel unsafe an uncomfortable at work. Your behaviour may have had a detrimental effect upon service users indirectly as the concern of your colleagues may have had an effect on the quality of the care they could deliver.”
Lamichhane was registered with the SCCC in 2016 and his behaviour which formed the basis of the hearing started in 2018.
He has since left his post and although did not co-operate with the SSSC, did not impede the hearing.
The panel said: “Your misconduct had caused harm and had potential to cause further harm. Your misconduct only ceased because you were reported to a manager. You were previously asked by your colleagues to desist but failed to do so. Your misconduct amounted to sexual assault on at least four occasions when you touched or slapped your colleagues on the bottom.
“The panel were concerned how your attitudes towards women might translate into the care setting, particularly if you were to work with vulnerable young women.
“You have shown no insight or regret into your actions. Your behaviour demonstrated some premeditation. Other behaviour appeared opportunistic but may also have been pre-planned.”
Lamichhane was removed from the SSSC register on the basis that he abused the trust of colleagues, managers and in one case a service user. He also was deemed to have not shown remorse for his behaviour.
The panel determined there was a pattern of behaviour which grew in intensity over time.
In summing up, the determination read: “The panel considers that a removal order is the most appropriate sanction. Your behaviour demonstrates a serious breach of trust and departure from relevant professional standards.
“A Removal Order is both necessary and justified in the public interest and to maintain the continuing trust and confidence in the social service profession and the SSSC as the regulator of the profession.”
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