An employment tribunal has found that the former chief executive of the Countess of Chester Hospital Dr Susan Gilby had faced constructive dismissal as a result of her whistleblowing, and that the hospital breached the duty of trust and confidence, and withheld or destroyed key evidence in her case.

Responding, BMA council chair Professor Philip Banfield said:

 

"We at the BMA, while not at all surprised, are delighted for Dr Gilby at this tribunal’s findings. The distressing torment she has been put through by this trust is nothing short of disgraceful. No one should face such relentless bullying, poor treatment or accusations of lying.

"When doctors raise concerns, they should be listened to and handled fairly, with a mind to understanding the situation, what may be going wrong and what needs to done to fix things. Instead, Dr Gilby faced a deliberate and concerted effort to force her out in response to her whistleblowing. Following this already appalling behaviour, management at the Countess of Chester embarked on a cover-up known as ‘Project Countess’, deleting hundreds of messages and documents in an attempt to escape accountability for their actions.

"It was unacceptable in Chester, and it is unacceptable anywhere. We were glad to support Dr Gilby in her case, and sincerely hope that this ruling means she can begin to recover from this terrible ordeal.

"While shocking, this incident is sadly not an isolated one. The ongoing treatment of those raising patient safety concerns to responsible bodies or regulators remains appalling and too readily dismissive; the protections afforded are inadequate and the legislation in this area remains not fit for purpose. The culture of fear and blame across the NHS remains endemic.

"We will continue to fight for doctors who find themselves in this terrible position, and continue our campaigns for regulation of NHS managers. More than anything, we need a radical shakeup of patient safety in healthcare. It's time we see an end to these dangerously casual attitudes and the woeful under-resourcing of patient safety interventions."

 

Notes to editors

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