In Royal Cornwall Hospitals NHS Trust v Watkinson the EAT agreed with a tribunal that a former NHS Trust chief executive was automatically unfairly dismissed for making a protected disclosure as there was “clear evidence” which inferred that the Health Authority put pressure on the Trust to dismiss him for whistleblowing.
The Royal Cornwall Hospitals NHS Trust dismissed Mr Watkinson from his position as chief executive, the supposed reason being a report critical of him, following a review into the Trust’s management, commissioned on the advice of the South West Strategic Health Authority (SHA). Mr Watkinson alleged that the real reason for his dismissal was that he had made a protected disclosure regarding legal advice that the trust would be likely to fail to comply with its legal obligations if it did not consult publicly on proposed changes to cancer services.
The tribunal found that the real reason for the dismissal was the pressure that the SHA had put on the trust as a result of Mr Watkinson’s position on the consultation issue as his actions had severely irritated the SHA, whose chief executive believed that public consultation was unnecessary. The revelation about the legal advice was a protected disclosure, and was the real reason for his dismissal, and therefore automatically unfair. Mr Watkinson was awarded £1.2m, later adjusted down to £880,000, after the tribunal reviewed its decision on remedy.
The EAT rejected the Trust’s appeal. There was no suggestion, nor could it be shown that Mr Watkinson did not reasonably believe that the legal advice was correct and the disclosure of that advice was therefore protected under whistleblowing legislation. Further, there was “clear evidence” from which the tribunal could infer that the SHA put pressure on the Trust to dismiss Mr Watkinson for making a protected disclosure.
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