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Dr Susan Gilby, the former chief executive of the Countess of Chester NHS Trust, has been awarded £1.4 million in damages after successfully suing the NHS for unfair dismissal. The legal dispute arose following her suspension in December 2022. Despite offers to settle and avoid court proceedings, the trust proceeded with litigation, resulting in costs to taxpayers estimated at around £3 million, including court and legal fees. Gilby expressed relief that the case concluded, stressing that her motivation was never financial.
Gilby recounted how in October 2022, she was confronted by Ros Fallon, a director at the trust, who bluntly told her it was “time for you to go.” Fallon warned that if Gilby refused to leave voluntarily, a formal process would be initiated against her, though Fallon did not specify what this entailed. Initially, Gilby was offered a severance equivalent to 16 months’ salary but on condition that she drop her grievances concerning Ian Haythornthwaite’s behaviour. Gilby described this demand as an unacceptable “red line,” rejecting what she saw as effectively taking a bribe to stay silent about her concerns.
Having taken up the role of chief executive in September 2018, shortly after the arrest of Lucy Letby, a staff member at the trust, Gilby was recognized for steering the trust through the pandemic’s challenges. However, after Haythornthwaite became chairman in 2021, her working environment reportedly deteriorated. Following her refusal to accept the trust’s proposed settlement, she was suspended in December 2022 and quickly resigned, launching legal action. The employment tribunal found that the trust had failed to provide legitimate reasons for her suspension and had instead constructed a “sham case” against her. Along with awarding damages, the tribunal’s findings imply significant additional costs for the trust related to legal expenses.
Documentation reviewed by the BBC revealed that Gilby’s legal representatives attempted to negotiate a settlement before the tribunal hearing to save public funds, but the trust declined. Gilby described the situation as “chequebook litigation,” criticizing the lack of financial accountability due to decisions being made with public money rather than personal funds. Following the tribunal’s judgment, Haythornthwaite resigned, while other key figures involved in the situation, including Ros Fallon and Nicola Price, had already left the trust. Ken Gill, another implicated member, has since taken on a non-executive role at the Legal Aid Agency. The agency stated that despite the tribunal’s criticisms, Gill remained fit to hold his position.
Throughout this ordeal, Gilby received support from the British Medical Association (BMA), which praised her “determination and bravery.” The BMA also criticized the current legal framework, calling it inadequate in protecting NHS whistleblowers and urging comprehensive reform. Reflecting on her experience, Gilby expressed feelings of isolation and feared her NHS career was effectively over. She highlighted what she perceives as an unspoken rule within the NHS against pursuing legal action, where whistleblowers are pressured to remain silent in exchange for financial settlements. Gilby hopes her case will encourage others facing bullying and harassment in healthcare to come forward and serve as a warning to organizations contemplating similar treatment of their staff. The Countess of Chester NHS Trust confirmed the tribunal had been resolved through a mutually agreed settlement
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