Former Countess of Chester NHS Trust chief executive awarded £1.4m over unfair dismissal.

A significant legal victory has seen Dr. Susan Gilby, the former chief executive of the Countess of Chester NHS Trust, awarded a substantial £1.4 million in damages following an unfair dismissal case. The settlement, which could ultimately cost the taxpayer around £3 million when factoring in legal costs and the trust’s refusal to engage in earlier settlement discussions, brings an end to a protracted legal battle that has highlighted serious issues within NHS management. Dr. Gilby, who led the trust from September 2018, was suspended in December 2022, an action that ultimately led to her resignation and subsequent legal proceedings.

The roots of the dispute trace back to October 2022, when Dr. Gilby recounted an unsettling encounter with a trust director, Ros Fallon, at a local pub. During this meeting, Dr. Gilby claims she was told it was "time for you to go" and was implicitly threatened with disciplinary action if she did not agree to leave voluntarily. This pressure was reportedly accompanied by an offer of a pay-off, equivalent to 16 months of her salary, contingent on her undertaking a "non-job" with NHS England. However, Dr. Gilby viewed this offer as deeply compromised, stating that accepting it would have required her to "drop my concerns, drop my grievance, about the behaviours of Ian Haythornthwaite." This condition was an "absolute red line" for Dr. Gilby, who found the prospect of remaining silent about alleged misconduct "absolutely unpalatable" and felt it would be akin to taking a "bribe."

Dr. Gilby’s tenure as chief executive began just weeks after the arrest of Lucy Letby, a nurse who worked at the trust and was later convicted of murdering seven babies and attempting to murder others. Despite this challenging backdrop, Dr. Gilby was widely praised for her leadership in navigating the trust through the unprecedented pressures of the COVID-19 pandemic. However, her working relationship with the trust reportedly became increasingly strained following the appointment of Ian Haythornthwaite as chairman in 2021. Dr. Gilby alleged that her role became significantly more difficult under his chairmanship.

Following her refusal to accept the trust’s offer to depart quietly and without raising her concerns, Dr. Gilby was suspended in December 2022. The employment tribunal later found that the trust had failed to provide her with any legitimate reasons for her suspension and had, in fact, "built up a sham case" against her. This finding underscored the tribunal’s conclusion that her dismissal was unfair. The substantial damages awarded reflect the financial loss and distress caused by the trust’s actions.

The financial implications of this case are considerable. Beyond the £1.4 million awarded to Dr. Gilby, the Countess of Chester NHS Trust is also likely to bear a significant portion of her legal fees, in addition to its own substantial legal expenses. Reports suggest the total cost to the taxpayer could reach approximately £3 million, a figure that has drawn criticism, particularly in light of evidence that Dr. Gilby’s legal team made attempts to avert a costly court hearing. Dr. Gilby expressed her dismay at the trust’s perceived unwillingness to engage in meaningful dialogue to resolve the matter amicably, describing it as "chequebook litigation" where the perpetrators were not financially accountable for their decisions. She voiced her concern that individuals with questionable values could attain senior positions within public bodies.

The fallout from the tribunal’s judgment has been significant for several individuals involved. Ian Haythornthwaite, the former chairman, resigned on the very day the employment tribunal published its findings. Two other directors implicated in what has been referred to as "Project Countess," Ros Fallon and Nicola Price, had already departed the trust and are no longer working in public service. A fourth member of "Project Countess," Ken Gill, has also left the trust. Mr. Gill now holds a position as a non-executive director for the Legal Aid Agency, a Ministry of Justice quango, for which he receives an annual remuneration of between £10,000 and £15,000. Despite the criticisms levelled against him by the employment tribunal, the Legal Aid Agency stated that it had concluded Mr. Gill remains "fit to continue his role."

The British Medical Association (BMA), which provided support to Dr. Gilby, including legal fee assistance, hailed the award as a testament to her "determination and bravery." However, the BMA also used the case to reiterate its call for legislative reform to better protect healthcare professionals who raise concerns. In a statement, the BMA declared that "the protections afforded to doctors raising concerns are woefully inadequate and legislation in this area is still not fit for purpose," emphasizing the need for "radical change in how whistleblowers are protected and treated in the NHS."

Dr. Gilby, who had a prior career as a medic, including a consultancy in anaesthesia and intensive care, had hoped for several more years of service within the health service before her career was cut short. Despite the resounding success of her legal challenge, she expressed fears that her career in the NHS may now be over. She described the experience as having had a "devastating impact," leading to feelings of isolation and a perception of being a "pariah" within the NHS. Dr. Gilby suggested that there exists an "unwritten rule" within the service that discourages employees from taking legal action against the organization, advocating instead for acceptance of settlements and remaining silent.

Looking forward, Dr. Gilby expressed her hope that her case will empower other individuals who have experienced bullying and harassment to come forward. She also intends for her victory to serve as a warning to other organisations, prompting them to "think twice" before treating their employees in a similar manner to how she was treated.

In a brief statement acknowledging the outcome, the Countess of Chester NHS Trust confirmed that "the employment tribunal has been resolved through a mutually agreed settlement." This resolution marks a significant moment, not only for Dr. Gilby personally but also for the broader discourse surrounding accountability, whistleblowing, and managerial conduct within the National Health Service. The substantial financial award and the tribunal’s findings serve as a stark reminder of the potential consequences when these principles are compromised.