BMA supports whistleblower awarded £1.4m by the Countess of Chester NHS Trust

Dr Susan Gilby has been awarded £1.4million in damages after winning an Employment Tribunal following ‘appalling’ treatment that led to an unfair dismissal by the Countess of Chester NHS Trust.

The former NHS chief executive was awarded one of the largest payments ever made to an ex-NHS employee after a cover-up attempt by the Trust to silence her. The BMA warns of the need to change the ‘shameful treatment’ of whistleblowers in the NHS and calls for transformation of the ‘corrosive NHS culture’ that is more concerned with reputation rather than patient safety.   

Speaking about her treatment by the Countess of Chester NHS Trust and the outcome of her Employment Tribunal, Dr Susan Gilby said:

"I am deeply saddened that having raised a protected disclosure in good faith, I was treated in such an appalling manner that I had no choice other than to seek justice through the Employment Tribunal. I am yet to receive any meaningful apology from the Trust for the harm caused to me or for the needless ending of my career.

“I am extremely grateful to the BMA for their support. They enabled me to pursue justice in the face of an organisation prepared to spend extraordinary sums to silence me. I am also indebted to my legal team led by Ian Radford and Oliver Segal KC. What is clear is that the BMA are not just there to help doctors with pay or terms and conditions, they are there to support doctors and protect us through the most difficult and challenging circumstances – other doctors should feel encouraged by this. 

“The Trust has failed to condemn unequivocally, the actions of Ian Haythornthwaite and the members of the board who colluded with him in these matters. I did everything I could to inform senior leaders in the NHS all the way to the top, of the reality of the situation. They choose to do nothing. These unacceptable behaviours, along with their conduct of the case, has damaged not only me but also the taxpayer who has every right to expect custodians of the public purse to act in their best interests and not in the pursuit of cheque book litigation.

“The settlement sum compensates me for lost salary and pension as well as including a sum for personal injury. However, no amount of money can compensate me for the devastation of losing my career in this appalling manner."

Warning of the need to change the culture around whistleblowing in the NHS, BMA council chair Dr Tom Dolphin said:

“While this award is significant and a testament to the determination and bravery of Dr Susan Gilby, it comes at the end of an arduous and distressing journey for a doctor who was unfairly penalised for refusing to stay quiet about the failings she saw. The BMA has supported Dr Gilby throughout her case to bring the appalling behaviour of those responsible for her treatment at the Countess of Chester - this should serve as a warning to others that the shameful treatment of whistleblowers can lead to consequences in the law courts. 

“It is disappointing that despite the financial award, the trust is refusing to issue an apology for its damaging conduct. The horrific scale of this cover-up shows the length that some trusts are willing to go to in an attempt to silence doctors and the very real threat that unfortunately remains for many working in the NHS who want to raise concerns about patient safety. If we want to transform the corrosive NHS culture where some trust directors and board members are more concerned with their organisation’s reputation that patient safety, the Government must prioritise the long overdue regulation of senior NHS managers. 

“As distressing an experience this has been for Dr Gilby, her example should also provide doctors with some hope that, in some cases, those responsible will be held to account and justice can prevail in the end. However, it remains clear that the protections afforded to doctors raising concerns are woefully inadequate and legislation in this area is still not fit for purpose. We need to see radical change in how whistleblowers are protected and treated in the NHS but until then the BMA will continue to support doctors like Susan Gilby who risked her own career in the name of patient safety."