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Healthcare
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Northern Lincolnshire And Goole Trust Ordered To Pay Nearly £120,000 Over Unfair Dismissal Rooted In Predetermined Restructure

By
Distilled Post Editorial Team

An employment tribunal has ordered Northern Lincolnshire and Goole NHS Foundation Trust to pay almost £120,000 to a former director dismissed after what the presiding judge described as a deeply flawed investigation. Jugdeep Johal, who served as interim joint director of estates and facilities across the trust and its sister organisation, Hull University Teaching Hospitals NHS Trust, was sacked without notice in 2023 following allegations that he had misused demonstration vehicles supplied free of charge to the trust.

Employment Judge Hutchinson found that the disciplinary process bore little relation to genuine misconduct. The chain of events began when Johal, after a serious road accident in December 2022 that wrote off his car, arranged use of pool and demonstration vehicles while waiting more than a year for a replacement through a salary sacrifice scheme. Months later he also became his parents' primary carer. An anonymous letter alleging bullying and vehicle misuse reached the trust's then chief executive, Jonathan Lofthouse, triggering an investigation, a disciplinary hearing and an appeal that culminated in Johal's dismissal.

The judgment is unambiguous about where responsibility lies. Hutchinson concluded that Lofthouse had already resolved to remove Johal, whom he judged "surplus to requirements", well before the disciplinary process ran its course. This followed a 2023 restructure in which Johal and one other executive were required to reapply for their own posts. The judge went further, finding that Lofthouse misled the investigation itself, and described Johal, a 17-year employee, as loyal, hardworking and trusted. The vehicle allegations, in this reading, provided a pretext rather than a cause.

What makes the case worth attention beyond its immediate facts is the position the trust now occupies within the NHS's accountability architecture. Northern Lincolnshire and Goole sits inside NHS Humber Health Partnership, the group structure it shares with Hull University Teaching Hospitals, and the Partnership was placed into segment five of NHS England's National Oversight Framework in March, the equivalent of special measures, with an Intensive Recovery Programme now underway. Both constituent trusts have separately been rated low performing on financial management, patient safety and access, even as a formal merger of the two organisations remains under active review. A trust group already the subject of intensive national scrutiny over its core operational performance has now also had a tribunal find that basic standards of procedural fairness collapsed in its executive suite.

There is a further complication for anyone looking for accountability to follow the finding. Lofthouse left the Partnership in January this year to take up a new post with NHS England, months before the tribunal's ruling was published. The individual whose conduct a judge has now criticised in the strongest terms moved on within the same system that is meant to be holding the trust to account. That sequencing will be familiar to anyone who has watched senior NHS leaders exit troubled organisations before findings against them become public, and it raises a genuine question about how the service tracks conduct records as executives move between trusts and into regional roles.

For a Partnership already under the kind of scrutiny reserved for the NHS's weakest performers, a tribunal ruling of this severity is not simply a costly HR failure. It goes to the credibility of governance itself, at precisely the moment ministers and NHS England are asking whether the current organisational model can be trusted to fix itself. The Partnership has apologised to Johal and acknowledged the tribunal's findings. Whether that apology is followed by any wider reckoning over how such a process was allowed to unfold, and how its architect left before facing scrutiny, remains to be seen.