Ex-CEO Says NHS Patients at Risk from ‘Sham Investigations’ as Whistleblower Case Sparks Call for Stronger Protections
- Fran Sage
- 2 days ago
- 2 min read
Dr. Susan Gilby, the former chief executive of Countess of Chester NHS Foundation Trust, has secured a landmark employment tribunal victory, being awarded £1.4 million for unfair dismissal. Her case has brought to light serious accusations that NHS patients are being put at risk due to "sham investigations" used to silence staff who dare to raise critical safety concerns. Dr. Gilby, a clinician who led the trust during challenging times including the aftermath of the Lucy Letby case, initiated tribunal claims after raising concerns about bullying and harassment by senior executives, including the then-chair. She alleges these legitimate concerns were met with attempts to force her out rather than proper investigation.
The landmark employment tribunal ruling, delivered in early 2025, upheld Dr. Gilby's claim that she had been subjected to detriment for making a protected disclosure. The panel identified a covert campaign, dubbed “Project Countess,” led by senior figures to engineer her dismissal following her safety and conduct complaints. Damningly, the tribunal found that senior managers and board members deleted key emails and evidence, failed to justify her suspension, and actively sought to undermine her credibility instead of addressing the substantive issues. The trust's leadership was found to have breached both employment law and fundamental good governance principles.
Despite the tribunal's findings and a significant financial settlement, Dr. Gilby has not received a meaningful apology from the trust.
Dr. Gilby warned that her experience is not an isolated incident but symptomatic of a wider cultural issue in the NHS. This culture, she states, often prioritises the protection of the organisational reputation over addressing patient safety concerns, thereby discouraging transparency and accountability and risking patient harm. The personal cost has been severe; Dr. Gilby fears her career in senior NHS leadership may be over, and the ordeal has had a devastating psychological impact. She believes such experiences will deter other clinicians from stepping into leadership roles or raising legitimate safety concerns.
The British Medical Association (BMA), a strong supporter of Dr. Gilby, views the outcome as a necessary wake-up call. BMA council chair Dr. Tom Dolphin stated that current whistleblower protections are woefully inadequate and the system routinely fails those who speak up in good faith. The BMA is demanding greater regulation of senior NHS managers, with professional consequences for those who attempt to silence whistleblowers, alongside legislative reform to provide clear, robust protections for all healthcare workers who disclose safety issues. Campaigners argue that such action is essential to break a culture of fear and prioritise patient safety over institutional reputation.
Dr. Gilby’s case highlights the failure of the existing Freedom to Speak Up framework and other internal NHS processes. Critics note a persistent disconnect between procedure and practice, leading to staff being informally or formally punished for raising concerns. The ordeal underscores the urgent need for a cultural change and a broader debate about NHS governance and accountability, with calls for senior executives and non-clinically qualified managers to be held to clear professional standards with enforceable duties to protect those reporting safety risks.
