Dr Susan Gilby, advised by Arch Law, was recently successful in her claim against her former employer, the Countess of Chester Hospital NHS Foundation Trust, and its former Chair, Mr Ian Haythornthwaite for automatic unfair constructive dismissal and detriment after she made protected disclosures regarding Mr Haythornthwaite’s behaviour. This article examines that judgment, highlighting the critical implications from both a HR and governance perspective. Whilst the case itself involves specific circumstances within the NHS, the principles it underscores regarding whistleblowing and the importance of transparent procedures resonate across all sectors.
HR implications: creating a culture of openness
Dr Gilby’s case emphasises:
- The necessity of having a clear, accessible, and robust whistleblowing policy in place. This policy must foster a culture where employees feel safe to raise concerns without fear of reprisal.
- The importance of following due process in disciplinary procedures. Allegations of misconduct must be investigated fully, fairly, and impartially. Transparency is paramount, and any perception of bias or pre-judgment can undermine the integrity of the process.
- The requirement to use suspensions sparingly and only when there is a legitimate reason to do so. Suspensions without clear justification can be particularly detrimental to an employee’s reputation, as was found in Dr Gilby’s case.
- The importance of maintaining accurate and complete records. Deletion of relevant documents can undermine the credibility of an organisation. Organisations must have a clear policy on document retention and deletion, and this policy must be strictly enforced.
- Regular training for all employees on whistleblowing is essential. Managers, in particular, need to be trained on how to respond to concerns raised by employees.
Governance implications: setting the tone from the top
From a governance perspective, Dr Gilby’s case highlights:
- The critical role of the board in ensuring that a whistleblowing policy is effective. The board should receive regular reports on the number and nature of concerns raised through the whistleblowing policy, as well as the outcomes of any investigations. The board should ensure that investigations are conducted independently and impartially and they should promote a culture of openness within an organisation.
- The importance of addressing any potential conflicts of interest in decision-making processes. Organisations must have a clear policy on conflicts of interest and ensure that this policy is strictly enforced.
- The necessity of transparency and accountability. The Tribunal’s findings regarding “Project Countess” highlight the dangers of secrecy and attempting to mask behind the scenes machinations.
Beyond the NHS
Whilst Dr Gilby’s case occurred within the NHS, the lessons learned are applicable to all industries. Every organisation needs to protect whistleblowers and ensure fair and transparent procedures. Failure to do so can have profound consequences for all those involved, including those who were not directly involved.
The principles highlighted in this case are fundamental to good governance. By implementing robust whistleblowing policies, ensuring fair disciplinary procedures, and promoting a culture of openness and transparency, organisations can create a workplace where employees feel safe to speak up.
If you believe you need to blow the whistle or feel you have been subject to any detriment as a result of raising concerns, please feel free to contact me at robyn.barron@arch.law.
Arch Law’s press release on Dr Gilby’s case can be found here: Countess of Chester NHS Trust agrees £1.4m settlement with former Chief Executive following tribunal ruling
