Claimant v Countess of Chester Hospital NHS Foundation Trust
Outcome
Individual claims
The Tribunal found the First Respondent breached the implied term of trust and confidence through a series of actions culminating in the suspension on 2 December 2022. The claimant was subjected to concerted attacks, excluded without lawful basis, denied access to documents, and told it was 'time for her to go'. These amounted to a fundamental breach entitling the claimant to resign.
The Tribunal found the reason or principal reason for dismissal was that the claimant made protected disclosures under section 103A ERA. The claimant made disclosures about the Chair's bullying behaviour and its impact on the organisation and patient safety. The Tribunal found a causal link between the disclosures (especially PD1 and PD2) and the actions leading to her constructive dismissal, undertaken by 'Project Countess' to secure her exit.
The Tribunal upheld multiple detriments under section 47B ERA done on the ground that the claimant made protected disclosures. These included: the Chair's aggressive behaviour on 18 July 2022, concerted verbal attacks at the Board meeting on 27 September 2022, being told 'time for her to go' on 22 October 2022, suspension on 2 December 2022 without lawful basis, denial of access to emails and documents, continuing exclusion, appointment of unsuitable commissioning managers, delay in investigating her bullying complaint, deletion of relevant data including WhatsApp messages and emails, and inappropriate GMC contact.
Facts
Dr Gilby was CEO of Countess of Chester Hospital NHS Foundation Trust. She made protected disclosures in April and May 2022 about the Chair Ian Haythornthwaite's bullying and harassing behaviour towards her and others, and its impact on the organisation and patient safety. Following these disclosures, the Chair rejected mediation, subjected her to aggressive confrontations, and orchestrated attacks at Board meetings. On 22 October 2022 she was told it was 'time for her to go'. On 2 December 2022 she was suspended without lawful basis. A group of senior individuals (referred to as 'Project Countess') contrived to remove her from the organisation, deleted key documents including WhatsApp messages and appraisals, denied her access to emails and witnesses, and appointed unsuitable commissioning managers. The claimant resigned on 31 January 2023.
Decision
The Tribunal found the claimant's constructive dismissal and automatic unfair dismissal claims succeeded under sections 98 and 103A ERA. The Tribunal found the First Respondent breached the implied term of trust and confidence through a series of actions culminating in unlawful suspension, and that the reason or principal reason for dismissal was the claimant's protected disclosures. Multiple detriment claims under section 47B succeeded, causally linked to the protected disclosures. The Tribunal drew adverse inferences from the Respondents' wholesale destruction and non-disclosure of documents including WhatsApp messages, emails, and appraisals.
Practical note
This case demonstrates the serious consequences for employers who respond to protected disclosures about senior leadership misconduct by orchestrating the whistleblower's removal, suspending without lawful basis, and destroying key evidence — the Tribunal will draw adverse inferences and a concerted campaign to exit a CEO who blows the whistle will result in liability for constructive and automatic unfair dismissal and multiple detriments.
Legal authorities cited
Statutes
Case details
- Case number
- 2402398/2023
- Decision date
- 12 February 2025
- Hearing type
- full merits
- Hearing days
- 15
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Chief Executive Officer
Claimant representation
- Represented
- Yes
- Rep type
- barrister