Former Nhs Boss Awarded £1.4m Over Unfair Dismissal

A erstwhile NHS main executive has been awarded £1.4m successful damages aft suing nan wellness work for unfair dismissal.

Dr Susan Gilby took nan Countess of Chester NHS Trust to tribunal aft being suspended successful December 2022.

The last costs to nan payer - including tribunal costs - could beryllium astir £3m aft nan spot refused offers to debar nan lawsuit going to court.

Gilby told nan BBC she was relieved nan lawsuit was complete and that this "was ne'er astir nan money."

The Countess of Chester NHS Trust confirmed a colony had been agreed.

Gilby, 62, said 1 of nan trust's directors, Ros Fallon, took her to a pub connected a Friday day successful October 2022 and told her it was "time for you to go".

"She said: 'And if you don't work together to go, we will commencement a process against you'. She was incapable to show maine what that process would be."

Gilby said she was initially offered a pay-off - nan balanced of 16 months of her net - while she did "a non-job" pinch NHS England.

But she said nan connection had a sting successful nan tail.

"I had to driblet my concerns, driblet my grievance, astir nan behaviours of Ian Haythornthwaite, and for me, that was an absolute reddish line.

"The thought that I would locomotion distant and this would ne'er beryllium mentioned again, was perfectly unpalatable to me.

"I wouldn't person been capable to unrecorded pinch myself knowing that I had taken efficaciously a bribe."

Gilby had been appointed main executive successful September 2018 conscionable weeks aft Lucy Letby, who worked astatine nan trust, had been arrested.

She was praised for guiding nan spot done nan pandemic, but successful 2021, Haythornthwaite was appointed president and Gilby says her occupation became progressively difficult.

Following her refusal to judge nan trust's connection to locomotion distant quietly, successful December 2022, she was suspended.

Gilby promptly resigned and launched ineligible action.

The tribunal recovered she had ne'er been presented pinch nan reasons for her suspension and that nan spot had alternatively "built up a sham case" against her.

As good arsenic nan damages, nan spot is apt to person to salary a important information of her ineligible fees, connected apical of nan costs of their ain lawyers and barristers.

The full costs to nan NHS, to taxpayers, is estimated truthful to beryllium astir £3m.

Letters seen by nan BBC show that Gilby's ineligible squad tried to avert a tribunal hearing, which would person saved a important magnitude of money.

"We were conscionable met pinch an absolute wall successful position of immoderate willingness to person a speech astir bringing this to a close," says Gilby.

"It was efficaciously chequebook litigation, and nan perpetrators were capable to do this because it wasn't their ain chequebook, it wasn't a business successful which they had a financial interest.

"It's rather sickening to deliberation that group pinch those values are capable to get positions successful elder positions successful nationalist bodies," she added.

Haythornthwaite resigned connected nan time nan employment tribunal published its judgement.

Two different members of Project Countess, board Fallon and Nicola Price, had near nan spot by past and are nary longer moving successful nationalist life.

A 4th personnel of nan Project, Ken Gill, has besides near nan trust.

He now has a domiciled arsenic a non-executive head of nan Legal Aid Agency, a Ministry of Justice quango, for which he is paid betwixt £10,000-£15,000, according to their yearly report.

The Agency told nan BBC that contempt nan criticisms made of him by nan employment tribunal, "we person concluded Mr Gill is fresh to proceed his role".

The British Medical Association, which supported Gilby throughout, including pinch ineligible fees, said nan grant was testament to her "determination and bravery" but said nan rule needed to change.

"It remains clear that nan protections afforded to doctors raising concerns are woefully inadequate and authorities successful this area is still not fresh for purpose," nan BMA said successful a statement.

"We request to spot extremist alteration successful really whistleblowers are protected and treated successful nan NHS."

Gilby, who had antecedently been a medic, a advisor successful anaesthesia and intensive care, hoped she had respective years to spell moving for nan wellness work earlier she was forced out. Despite nan employment tribunal uncovering comprehensively successful her favour, she fears her profession successful nan wellness work is now over.

"It's had a devastating impact, if I'm honest," she says. "I've felt highly isolated, and decidedly consciousness that I americium regarded arsenic a pariah successful nan NHS. I deliberation location is an unwritten norm that you do not return nan NHS to court. You don't guidelines up and beryllium counted. You return nan bribe, you support quiet and you move on."

Her dream now is that different group subjected to bullying and harassment will spot nan result of her lawsuit and person nan courageousness to travel guardant and that "other organisations who are reasoning of treating their labor successful nan measurement successful which I was treated deliberation twice."

In a little statement, nan Countess of Chester NHS Trust "the Trust tin corroborate that nan employment tribunal has been resolved done a mutually agreed settlement."