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Cath Everett

Sift Media

Freelance journalist and former editor of HRZone

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News: NHS whistleblower subject to “super gag”

whistleblower

The former head of an NHS Trust has been paid more than £500,000 as part of a “super gag” severance deal that prevents him from discussing patient safety issues.

The official reason that Gary Walker was sacked from his £140,000 a year post as chief executive of the United Lincolnshire Hospitals Trust in February 2010 was that he swore openly in meetings.
 
But according to the BBC, his supporters believe that the charge was trumped up and claim that, prior to his dismissal, Walker had a serious disagreement with his superiors over the direction of health policies at the Trust.
 
He allegedly disobeyed an order to focus his efforts on hitting official government targets for non-urgent medical cases choosing instead to concentrate on the needs of emergency patients.
 
After losing his job, Walker subsequently took the Trust to an employment tribunal claiming unfair dismissal and, even before his case was heard, a tribunal judge found prima facie evidence that his disclosures about patient safety were protected under whistle-blowing legislation.
 
Before the tribunal could take place, however, the Trust made a deal with him, which it described as “amicable”. But his supporters said that he either had to sign or lose his house.
 
Compromise agreement
 
Documents seen by the broadcaster reveal that Walker signed a compromise agreement, which included a payment of £320,000 plus additional legal fees and a confidentiality clause.
 
The clause prevents him from talking about the agreement and the issues behind his dismissal, which his supporters believe are in the public interest.
 
David Bowles, who was chairman of the Trust until he resigned in 2009 over the targets issue, said that the pay-off came with a “super gag”.
 
“The thing which really shocked me is that I, and all the other witnesses who would have been appearing at the employment tribunal received gagging letters as well,” he said.
 
Conservative MP for Sleaford and North Hykeham, Stephen Phillips, has written to the health secretary, Andrew Lansley, asking for all documents relating to the matter to be released.
 
If the fact that the people who had been forcing the Trust to follow the targets could still be working in the health service was coupled with “the allegations of bullying – which we don’t fully know about, which we haven’t fully been able to get to the bottom of – that is a very worrying development”, he said.
 
In a statement, the Trust said that all of the parties involved had reached an amicable agreement and moved on from the situation. It added that patient safety was always a top priority, something that was reflected in its current performance.
 
 

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Author Profile Picture
Cath Everett

Freelance journalist and former editor of HRZone

Read more from Cath Everett