NHS body spent £100k on 'car crash' tribunal cases

NHS executive John Webster was criticised in the judge's ruling

An NHS body severely criticised in an employment tribunal spent almost £100,000 on fighting the case and a related action.

Documents were not disclosed and an attempt was made to remove the judge at the hearing involving the Norfolk and Waveney Integrated Care Board (ICB).

The ICB is facing more costs as it prepares for a hearing to decide on damages.

It said it was "committed to managing and using public funds efficiently".

The tribunal, sitting in Norwich, found the ICB's predecessor organisation had constructively dismissed an assistant director, Clive Rennie.

The ICB had taken the decision to defend the case but when it came to court, the proceedings took a farcical turn.

A draft investigation report was disclosed five days into the proceedings after the NHS initially denied its existence, despite the author sitting in court.

An application to remove the judge was dismissed after the ICB accused him of "inappropriate conduct, tone and disparaging comments".

One of the ICB's witnesses, John Webster, was described by the employment judge as "disingenuous, unconvincing".

The NHS human resources manager who had authored the draft investigation report into Mr Rennie's grievance, Steve Stavrinou, came in for particular criticism.

"Mr Stavrinou is a man who finds the truth an alien concept," the judge said.

Mr Rennie's representative in court called the tribunal a "car crash".

Mr Rennie had brought the case over a dispute concerning his redundancy when the ICB's predecessor organisation, the Norfolk and Waveney Clinical Commissioning Group (CCG), was abolished.

The tribunal heard how Mr Webster, then director of strategic commissioning at the CCG, had agreed to make Mr Rennie redundant, but this agreement was then reneged on.

Mr Rennie filed a grievance and an investigation was carried out by Mr Stavrinou.

A colleague of Mr Rennie, Ann-Louise Schofield, had also claimed unfair dismissal, for which the ICB had earlier admitted liability.

Remedy hearing

The case was heard in two parts during autumn last year but the judgement was published only in May.

Following a Freedom of Information Act request by the BBC, the ICB confirmed that it had spent a total of £95,801 since 17 November 2020 on the two cases.

"This figure is inclusive of both solicitors’ and counsel’s fees and disbursements and includes VAT," the disclosure said.

It is understood that a remedy hearing to decide on Mr Rennie's costs and any damages has yet to take place.

It was the ICB as the respondent in the case which submitted an application for the judge to recuse himself from the hearing.

It was made in the form of a letter, dated 7 September 2023, and was from the ICB's legal representatives, Capsticks.

In the FoI request, the BBC asked if the lawyers were acting under instruction from the ICB, and whether the body had approved the contents of this letter.

In its response, the ICB said it "neither confirms nor denies" that it held that information, citing legal privilege.

The Norfolk and Waveney Integrated Care Board commissions local NHS services.

In a new statement, it said: “We have fully accepted the findings of this employment tribunal and sincerely apologised to individuals for their experiences at the former NHS Norfolk and Waveney Clinical Commissioning Group.

"As a statutory body, NHS Norfolk and Waveney ICB is committed to managing and using public funds efficiently.

"In line with other public bodies, we invest in legal expenses where we think it’s the right thing to do to ensure we’re spending public money responsibly.”