June 24, 2010
A former boss who was “demonised” after 90 people died from a fatal outbreak at her NHS trust has been awarded more than £190,000 in damages following legal battles over severance pay.
Rose Gibb, former Chief Executive at Tunbridge Wells NHS Trust, left her job just days before a damning report into an outbreak of clostridium difficile (C.diff), which claimed the lives of 90 patients, blamed overcrowding and dirty wards.
As she left by mutual agreement, Ms Gibb was entitled to a £250,000 severance package, including £174,573 compensation and £75,427 in notice pay.
But the Department of Health withheld £175,000 from the package, after Ms Gibb was made a “scapegoat” in the Healthcare Commission’s report into the outbreak.
In April last year, the High Court dismissed her claim to enforce the terms of the package under breach of contract, but she was later given permission to take her case to the Court of Appeal.
In March, the Court of Appeal overturned the ruling, granting the much-criticised executive £190,284 damages plus the costs of the court hearings.
"It seems that the making of a public sacrifice to deflect press and public obloquy, which is what happened to the appellant, remains an accepted expedient of public administration," ruled Lord Justice Sedley.
Anthony White QC, representing Ms Gibb, argued that the case raised important issues relating to the impact of the doctrine of “ultra-vires”, whether a body acts beyond its powers on compromise agreements terminating public sector employment.
