Attempt to halt medic whistleblowing disclosure hearing thrown out
- Published
An attempt to halt a hearing about the Manx government's handling of document disclosure at a whistleblower's tribunal has been dismissed.
The Department of Health and Social Care (DHSC) had argued that the employment tribunal had overreached its jurisdiction in ordering the session.
The case stems from the unfair dismissal of the island's most senior medic for speaking out.
Deemster Andrew Corlett ruled the hearing was needed to work out damages.
Rosalind Ranson was medical director at the DHSC between 2019 and 2022.
The tribunal found Dr Ranson was undermined and excluded for speaking out about a failure to pass Covid advice to ministers.
'Troubling issues'
In the fallout from the ruling the former health minister David Ashford and several top civil servants left their posts and the chief minister announced a review of government culture.
It its judgement in May, the Employment and Equality tribunal said a disclosure hearing was needed to "investigate a number of troubling issues".
They included the alleged "concoction" of material documents, selective non-disclosure of documents, and the extremely late disclosure of material documents.
Lawyers for the DHSC had appealed against the latest order in relation to the hearing, arguing the tribunal had "engaged on a frolic of their own" to investigate matters beyond its jurisdiction.
Dismissing the appeal, Deemster Corlett said the issues being explored by the panel were relevant to the calculation of costs and damages.
The disclosure hearing is set to take place from 30 August to 1 September.
A further appeal by the department against the tribunal's calling of an advocate to give evidence will take place at a later date.
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