Reasoning Theorems of Success

Maidstone and Tunbridge Wells NHS Trust in Kent might have thought that the long drawn battle with their boss would have ended after the intervention by the Department of Health, and later after the rejection of the claim by a High Court Judge, but that has not happened. The former Chief Executive, Ms. Rose Gibb has now filed an appeal after the refusal of the High Court to grant her relief.

Ms. Gibb left her high paying job two years back in response to a disturbing report on presence of clostridium difficile in the wards of her hospital. The resignation was agreed upon by both parties, which, according to Ms Gibb should have resulted in the payment of a severance of £175,000 to her along with £75,000 as notice pay. Although she did receive the notice pay, her compensation payment could not be made due to directions of the Department of Health as a measure to contain the public unrest on death of 90 people due to the infection.

The Union is in favour of Ms. Gibb and it has advised her to approach the Court of Appeal for leave to appeal. It has also asked her to go to the Employment Tribunal as the employer has breached the contract of payment of severance. Jon Restell, Chief Executive of Ms Gibb’s union, Managers in Partnership, expressed his belief in the grounds for appeal, but avoided letting out further details about the appeal.

In what seems to be a high profile battle between an employer and an employee for severance pay, the point of medical negligence and the ensuing public outcry has been completely forgotten. The outcome of the appeal could well decide the course of similar cases in future.

Employers need to keep themselves up to date with HR developments to avoid potential legal action from employers by taking a CIPD accredited course such as the Certificate in personnel practice from Workplace Law Training.

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