Posted on 3 June 2010

Unfair dismissal case against the NHS

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An employment tribunal in Leeds has heard how a whistleblower is taking action for unfair dismissal and disability discrimination.

Paul Foster is taking the action against the Leeds Teaching Hospitals NHS Trust after being sacked from his security job at Leeds General Infirmary following almost 40 years service. The tribunal heard that before his dismissal Mr Foster was on long-term sickness with work-related stress and anxiety. He claims that he was being bullied by a manager he reported for suspected fraud.

Mr Foster said that the allegations were rejected by the trust, which shattered his confidence in his employers. However the trust argued that it had attempted to re-employ Mr Foster and there had been an agreed shared return to work but that Mr Foster did not visit his doctor for his medical sign-off and failed to turn up for work on the agreed day, leaving the hospital with little option but to dismiss him.

Mr Foster’s counsel argued that welfare issues relating to him were not resolved by the hospital but James Boyd, acting for the NHS Trust said that the trust had followed policy, had listened to medical advice and had done all it could to get Mr Foster back to work. He conceded that the internal hospital probe had taken a long time but insisted that the trust was still committed to dealing with Mr Foster’s remaining complaints. The case is proceeding.