Posted by Richard Woodman, Partner
On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.
Tribunal rules that chief executive was unfairly dismissed
An NHS boss who was summarily sacked three years ago has won her claim for unfair dismissal.
An Employment Tribunal has ruled that the Calderstones Partnership NHS Trust, in East Lancashire, failed to follow the proper procedures when it dismissed its chief executive Karen Wilson in May 2012.
Judge Stuart Robertson said that the Trust was guilty of “unlawful victimisation”. It now faces the prospect of paying substantial damages to Ms Wilson.
The Tribunal had heard how Calderstones had passed a vote of no confidence in its chief executive while she was off sick with stress. A month later she was sacked from her £125,000 a year post.
Judge Robertson said: “It is difficult to conceive of a more unfair process.
“The claimant was given no chance to state her case. She was not told her job was at risk or about the vote of no confidence, even after it was passed. She was not given any right of appeal.”
However, separate allegations that the trust had been guilty of sex discrimination and harassment were thrown out by the Tribunal, which found there was a lack of evidence to substantiate the claims.
In a statement, a Calderstones spokesman said: “Although Ms Wilson’s dismissal was not subject to a formal process, the Tribunal says that it remains likely Ms Wilson would have been fairly dismissed in the circumstances.”
The size of the compensation settlement is expected to be agreed at a hearing in Manchester.
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