A former NHS chief executive, Dr Susan Gilby, has been awarded a landmark £1.4 million in damages following a successful employment tribunal. The tribunal ruled that Dr Gilby was unfairly dismissed from her role as CEO of the Countess of Chester Hospital NHS Foundation Trust after lodging whistleblowing complaints against the trust's then-chairman, Ian Haythornthwaite. This payout is one of the largest ever made to a former NHS employee.
Whistleblower Award: A £1.4 Million Constructive Dismissal Payout
Dr Gilby, who was appointed CEO in September 2018 shortly after the arrest of serial killer Lucy Letby, was suspended in December 2022 amidst a major dispute. She had raised "protected disclosures" about the chair's alleged bullying, harassment, and undermining behaviour. The tribunal found that the actions by senior trust figures created a situation in which she felt compelled to leave, effectively ruling her dismissal a constructive dismissal under the Employment Rights Act 1996.
Dr Gilby described being met with hostility and pressure to withdraw her allegations. While stating that “no amount of money can compensate” for the loss of her career, she stressed that the case was about justice and accountability, not financial gain, and remains deeply critical of the trust's failure to apologise.
The British Medical Association (BMA), which supported Dr Gilby, condemned the trust’s behaviour as “appalling.” The BMA views this outcome as a vital warning to other NHS organisations regarding the treatment of whistleblowers, renewing calls for stronger protections and cultural change to safeguard staff who raise governance and safety concerns.
The substantial £1.4 million award is among the highest in the health sector for unfair dismissal. Independent reports indicate that the total cost to taxpayers, including legal fees, could be close to £3 million. Although the Countess of Chester NHS Trust has not commented in detail on the settlement, earlier leadership denials of Dr Gilby's claims are on record.
The High Cost of Poor NHS Leadership
This high-profile ruling highlights broader concerns about workplace culture, leadership conduct, and accountability in the NHS. Workplace disputes at the executive level can have significant consequences, with critics arguing that poor leadership culture jeopardises patient safety and staff morale. Campaigners are calling for stronger governance and transparency to prevent future situations where senior leaders are forced to seek legal redress.
The size of the payout also fuels debate about executive accountability and compensation. For many in the health service, this case is seen as a precedent-setting moment, underscoring the risks faced by those who challenge powerful figures and the importance of effective legal protections. Ultimately, the Gilby settlement serves as a potent reminder that board dynamics and leadership culture directly impact patient care and organisational integrity in an NHS already grappling with significant pressures.
