In a landmark case, Dr. Susan Gilby, a former chief executive of the Countess of Chester NHS Trust, has been awarded a staggering £1.4 million in damages after successfully suing the trust for unfair dismissal. This compensation payout is one of the largest ever made by the NHS to a former employee, with the total cost to taxpayers estimated to reach around £3 million.
Gilby’s ordeal began in December 2022 when she was suspended from her role, just weeks after the trust’s employee, Lucy Letby, was arrested. An employment tribunal later found that the trust’s chairman, Ian Haythornthwaite, had conspired with three other directors to force Gilby out of her job through a campaign of bullying and harassment.
The tribunal ruled that Gilby had never been presented with the reasons for her suspension and that the trust had instead “built up a sham case” against her. Gilby had previously accused Haythornthwaite of bullying and harassment, leading him to set up “Project Countess” – a scheme to remove her from her position.
Despite Gilby’s efforts to resolve the matter out of court, the trust refused to engage in constructive dialogue, forcing the case to go to trial. Gilby described the situation as “chequebook litigation,” where the perpetrators were able to exploit public funds without any personal financial interest.
Haythornthwaite has since resigned from his role as chairman, while two other directors involved in “Project Countess” have also left the trust and are no longer working in public life. However, a fourth member, Ken Gill, has retained his position as a non-executive director at the Legal Aid Agency, despite the tribunal’s criticism.
The British Medical Association, which supported Gilby throughout the legal proceedings, praised her “determination and bravery” but lamented the inadequate protections for whistleblowers in the NHS. The association called for “radical change” in how whistleblowers are treated, noting that the current legislation is “not fit for purpose.”
Gilby, who had previously enjoyed a successful career as a medic and consultant, fears that her time in the NHS may be over, as she feels she is now regarded as a “pariah” within the health service. Despite the tribunal’s ruling in her favour, she believes there is an “unwritten rule” that one does not take the NHS to court, and that those who do are expected to “take the bribe, keep quiet and move on.”
Gilby’s case has shone a spotlight on the challenges faced by whistleblowers within the NHS and the need for stronger protections to ensure that those who raise concerns are not subjected to such egregious treatment. Her experience serves as a cautionary tale and a call for urgent reform to safeguard the integrity and accountability of the UK’s healthcare system.
