NHS Whistleblower Awarded £1.4m After Being Unfairly Dismissed

An NHS whistleblower has been awarded more than £1 million in damages, after an employment tribunal ruled she’d been unfairly dismissed for blowing the whistle.

Read on, as we explore exactly what happened in this case. We outline the UK laws surrounding whistleblowing and the protections available for those who raise concerns about workplace wrongdoing. Should an individual have faced detriment or dismissal after raising a concern, we then conclude by discussing how they can seek justice.

If you believe you’ve experienced similar treatment, contact Redmans Solicitors today. Our team of employment specialists is here to help. Following a brief consultation, we can answer your questions, discuss your options, and guide those eligible through the legal process.

To begin, simply:

• Give us a call on 020 3397 3603
• Complete our online form with your details to request a callback

Unfairly Dismissed NHS Whistleblower Wins £1.4m

Dr Susan Gilby, former chief executive of the Countess of Chester Hospital NHS Foundation Trust (the Trust where convicted neonatal nurse Lucy Letby previously worked), has recently been awarded damages totalling £1.4 million. This marks one of the largest ever payouts by the NHS, and comes after the employment tribunal held she’d been unfairly dismissed for whistleblowing.

Appointed as chief executive in 2018, Dr Gilby guided the Trust through the Covid-19 pandemic. Issues arose in 2022, however, when the NHS whistleblower raised concerns about Mr Ian Haythornthwaite, the Trust’s chair, including bullying and harassment. Rather than addressing her disclosures appropriately, the Trust undertook a “calculated” effort to remove her, destroying or withholding evidence.

Read More: UK Whistleblower Rights & How to Make a Protected Disclosure

When Dr Gilby refused to accept an offer of a 16-month “non-job” in exchange for silence and departure, the Trust suspended her and initiated procedures to force her out. Following her suspension, the NHS whistleblower took her case to the employment tribunal. Yet, while she succeeded in her claim and Mr Haythornthwaite subsequently resigned, the Trust has yet to issue a formal apology.

Whistleblowing in UK Law

The above case sits within the broader legal framework of whistleblowing protection under UK employment law. The framework is primarily governed by the Public Interest Disclosure Act 1998 (PIDA), an amendment to the Employment Rights Act 1996 (ERA).

What is Whistleblowing?

When someone is referred to as a “whistleblower,” it means that they have made a “protected disclosure,” a specific type of complaint about workplace wrongdoing. Under UK law, a protected disclosure occurs when an individual reports information that they reasonably suspect relates to wrongdoing—including criminal activity, regulatory breaches, or risks to public safety—that is in the public interest and made to the employer, or another appropriate person or prescribed body.

Importantly, a disclosure doesn’t need to be correct to qualify for protection. The individual only needs a reasonable belief that the information tends to show wrongdoing and is in the public interest. For example, an employee who raises concerns about unsafe working practices, financial misconduct, or breaches of legal obligations may still be protected even if a later investigation finds no wrongdoing.

The law is designed to encourage people to speak up without fear of retaliation. In many sectors, particularly healthcare, whistleblowing can be essential to protecting the safety of patients, customers, or the wider public.

The Protections Available

While not everyone is eligible for whistleblower protection, the right applies to most people, including employees, workers, apprentices, NHS practitioners (like the NHS whistleblower), and others. It’s also a day one right, meaning individuals aren’t required to have a minimum amount of service to be protected.

Once an individual has made a protected disclosure about workplace wrongdoing, they are protected against detriment and dismissal. Detriment may include being passed over for a promotion, having duties removed from one’s role, or facing harassment. Meanwhile, if an individual’s employment is terminated in retaliation, this would constitute automatic unfair dismissal, differing from ordinary unfair dismissal, which currently requires two years of continuous service to bring a claim.

Read More: Could Universal Basic Income Protect UK Workers From AI-Driven Job Losses?

If an individual were to make a claim and succeed, they could be awarded compensation by the employment tribunal. Among other things, this compensation could include loss of earnings and, in detriment claims, injury to feelings, alongside other financial losses.

Faced Detriment After Whistleblowing? Here’s What You Can Do

If, like the NHS whistleblower, an individual believes their employment rights have been breached after blowing the whistle on workplace wrongdoing, swift action is essential. This is because, should the matter require employment tribunal intervention, strict time limits apply to bring a claim.

Regardless of how an individual proceeds, though, the first step should usually involve gathering any available evidence. This could include:

• Keeping a written timeline of events, including when concerns were raised and how the employer responded
• Saving copies of relevant emails, letters, or messages
• Collecting the contact information of any witnesses to the conduct complained of

By doing this, individuals can strengthen their case and improve the chances of a successful outcome.

Once evidence has been collected, the next step typically concerns internal dispute resolution channels. Depending on the circumstances, an informal chat with HR or a formal grievance may be appropriate. Both options offer the chance to settle the matter without escalation, but a formal grievance imposes additional legal obligations on the employer regarding how they act.

Where internal avenues fail to provide a satisfactory outcome, Acas early conciliation could then be initiated. This free and independent process gives all parties another opportunity to resolve the issue informally. It’s also required before most tribunal claims can be brought.

However, where all else fails, it may be time to consider tribunal proceedings. Strict time limits and legal requirements must be satisfied to proceed, but if successful, compensation could be awarded.

Get Help with Redmans

If you’ve experienced conduct similar to that of the NHS whistleblower, contact us now. Redmans Solicitors are employment law experts. Following a brief chat, we can assess your case, provide answers and discuss how you can proceed.

To begin your journey with us now, please:

• Give us a call directly on 020 3397 3603
• Fill out our online form for a callback