‘I was always taught to stand up to bullies and feel proud I stayed the course and won, perhaps in some way, on behalf of other NHS staff less capable of standing up to this kind of behaviour’
Swindon’s Great Western Hospital unfairly dismissed a health and safety leader Mark Hemphill (left) who received a significant amount of extra work while going through chemotherapy, an employment tribunal found in March 2024. The actions of now Gloucestershire Hospitals NHS Foundation Trust CEO Kevin McNamara (right), were described as misguided, brutal and bullying by an employment tribunal judge.(Image: Mark Hemphill/GHNSFT)
A former NHS worker “who stood up to bullies” is “over the moon” after winning his latest legal battle against a hospital trust who unfairly dismissed him.
Swindon’s Great Western Hospital unfairly dismissed a health and safety leader who received a significant amount of extra work while going through chemotherapy, an employment tribunal found in March 2024.
Mark Hemphill resigned in July 2022 after struggling with responsibilities that were not part of his job contract, unsuccessfully applying to retire and return, and claiming that he was being unfairly targeted by then chief executive Kevin McNamara – now the top boss at Gloucestershire Hospitals NHS Foundation Trust.
The Swindon hospital trust didn’t challenge the overall finding of constructive dismissal and Mr Hemphill has been awarded £23,797.46 in compensation.
However, the trust unsuccessfully applied for the judge to reconsider specific parts of the reasoning for this decision which implicated Mr McNamara in bullying.
Judge Street said in her judgement last year, when refusing the application to reconsider, that there was no reasonable prospect of it being varied or revoed.
“The complaint Mr Hemphill made in the employment tribunal was that performance and conduct were introduced without notice and based on made up and unsubstantiated concerns, leading to a performance improvement plan, at Mr McNamara’s instigation,” she said.
Gloucestershire Hospitals NHS Foundation Trust chief executive Kevin McNamara (Image: Gloucestershire Hospitals NHS Foundation Trust)
“The conduct that was held to be unfair was the lack of warning in relation to performance and conduct matters, in a meeting with two senior managers, without context or investigation or the opportunity to respond, leading to a performance improvement plan. It is called in the judgment misguided, brutal and bullying and calculated to put Mr Hemphill on the defensive.
“In my judgment, those findings were factual findings that I was entitled to make, based on the wording of the issue, with reference to the relevant grounds for the claim.”
The trust appealed the judgement but the latest appeal was dismissed at a hearing on July 17. Speaking after the latest hearing, Mark Hemphill said he felt over the moon when the final appeal was dismissed.
“These last three years since I was forced to leave the job that I loved have been the most traumatic of my life,” he said.
“Having to fight barristers, lawyers and the trust’s whole legal team on my own with no available legal representation or assistance was literally the stuff of nightmares and endless sleepless nights.
Mark Hemphill said he feels proud to have stayed the course and won his case. (Image: Mark Hemphill)
“I felt over the moon when the final appeal from the trust was dismissed last week and the thought that this might be finally over was a great relief.
“I was always taught to stand up to bullies and I feel proud that I stayed the course and won this case, perhaps in some way, on behalf of other NHS staff less capable of standing up to this kind of behaviour.’’
Great Western Hospitals NHS Foundation Trust strongly refutes claims there is a culture of bullying at the trust.
And they maintain they acted appropriately when Mr Hemphill’s request to retire and return was declined.
Liam Coleman, Great Western Hospitals NHS Foundation Trust chairman, said: “The Trust respects the legal process and maintains that it acted appropriately when it declined Mr Hemphill’s retire and return request.
Great Western Hospital(Image: © SOUTH WEST NEWS SERVICE)
“The Trust strongly refutes allegations of a culture of bullying.”
Mr McNamara was appointed by Gloucestershire Hospitals NHS Trust in June 2023 as CEO after an “open and competitive recruitment process”.
The employment tribunal issues were discussed at a preliminary hearing on May 9 2023 and the actual hearing took place in December 2023.
The trust previously said Mr McNamara was “completely transparent regarding the issues within the employment tribunal”.
They say all appropriate checks required for a role were carried out including references from Great Western Hospital.
Deborah Evans, Chair of Gloucestershire Hospitals NHS Foundation Trust, previously said they had “no concerns regarding the appointment then or now” amid the claims of bullying during his previous job
A trust spokesperson also previously said Mr McNamara’s NHS fit and proper persons test was completed at the time of appointment, and updated following the employment tribunal in line with the NHS England requirements.
The NHS fit and proper persons test was introduced in September 2023 for purpose of reinforcing individual accountability and transparency for board members, thereby enhancing the quality of leadership within the NHS.
Gloucestershire Hospitals NHS Foundation Trust was asked if the latest outcome changed the position of the trust board’s chairman on Mr McNamara’s appointment.
And what the latest outcome will mean for the NHS fit and proper test referred to previously.
On this occasion Gloucestershire Hospitals NHS Foundation Trust declined to comment saying “as the issue is related to Great Western Hospital it would not be appropriate for our Trust to comment”.