Patients are being placed at risk after NHS leaders used “sham investigations” to silence whistleblowers, according to a former hospital chief executive who won a £1.4 million bullying claim against an NHS trust. Dr Susan Gilby has warned that the practice is widespread and deters senior clinicians from speaking out about poor leadership and patient safety concerns.
Dr Gilby, who took over as chief executive of the Countess of Chester Hospital in 2018 in the aftermath of the Lucy Letby scandal, was awarded one of the largest compensation payouts in NHS history last month. An employment tribunal ruled she was unfairly dismissed after raising concerns about bullying and harassment by the trust’s chair.
Tribunal finds conspiracy and document deletion
An employment judge found that senior board members at the Countess of Chester Hospital NHS Foundation Trust conspired to remove Dr Gilby after she made a protected whistleblowing disclosure. The tribunal ruled that documents were deliberately deleted once legal action began, including private emails and WhatsApp messages that should have been retained.
The tribunal concluded that Ian Haythornthwaite, the trust’s chair at the time, worked with three other senior figures to “engineer” Dr Gilby’s dismissal. Haythornthwaite resigned following the ruling and was described by the judge as an unreliable witness whose testimony lacked credibility.
Three other senior figures were criticised for helping construct what the tribunal described as a “sham case” designed to force Dr Gilby out of her role.
‘Pariah in the NHS’
Speaking publicly after the ruling, Dr Gilby said the experience had ended her NHS career and left her traumatised. She said she was made to feel like a “pariah” for refusing to drop her complaints in exchange for a so-called “non-job” elsewhere in the NHS.
She said the emotional impact had been severe and warned that many senior clinicians choose silence rather than risk similar treatment. Dr Gilby believes this culture allows serious safety concerns to go unreported.
Calls for criminal investigation
Dr Gilby confirmed she is exploring the possibility of a criminal complaint following the tribunal findings, including whether the actions of the former chair could amount to misfeasance in public office.
Haythornthwaite has denied any criminal wrongdoing and disputes the tribunal’s conclusions, rejecting claims of bullying or deliberate document concealment.
Widespread issue across the NHS
Dr Gilby warned that the misuse of internal investigations to discredit whistleblowers is not isolated. She said she has since been contacted by numerous senior NHS figures who experienced similar treatment after raising concerns.
She argued that current whistleblower protections are insufficient and leave doctors and managers fearful of retaliation, ultimately undermining patient safety.
Push for stronger regulation of NHS leaders
The former chief executive is now calling for stricter regulation of senior NHS managers, particularly those from non-clinical backgrounds. She wants a legally binding framework governing leadership conduct and accountability.
Her warnings come amid long-running criticism of how NHS organisations handle whistleblowing, with multiple national reviews highlighting cultural failings linked to patient harm, including those exposed during the Lucy Letby inquiry and earlier scandals such as Mid Staffordshire.
Trust response
The Countess of Chester Hospital NHS Foundation Trust said it accepted the tribunal’s findings and would focus on learning lessons from the case. The trust declined to comment further, saying the matter had concluded.