NHS Boss's assessment 'updated' after 'bullying' claim tribunal

GLOUCESTERSHIRE hospitals' chief executive Kevin McNamara's NHS fit and proper person test was updated after the outcome of an employment tribunal that raised concerns over bullying during his previous job, the health trust says.

- Carmelo GARCIA Local Democracy Reporter

Swindon's Great Western Hospital, where Mr McNamara was previously chief executive, unfairly dismissed a health and safety leader who received a significant amount of extra work while going through chemotherapy, an employment tribunal found last March.

Mark Hemphill resigned in July 2022 after struggling with responsibilities that were not part of his job contract, unsuccessfully applying to retire and return, and claiming that he was being unfairly targeted by then chief executive Kevin McNamara. The hospital trust did not challenge the overall finding of constructive dismissal and Mr Hemphill was awarded £23,797.46 in compensation last year.

However, the hospital trust unsuccessfully applied for the judge to reconsider specific parts of the reasoning for this decision which implicated Mr McNamara in bullying. The trust has appealed and a hearing is expected in July this year.

Mr McNamara was appointed by Gloucestershire Hospitals NHS Trust in June 2023 as CEO after an "open and competitive recruitment process". The employment tribunal issues were discussed at a preliminary hearing on May 9, 2023 and the actual hearing took place in December 2023.

The trust said last month that Mr McNamara was "completely transparent regarding the issues within the employment tribunal" and they have no concerns over his appointment "then and now". It says all appropriate checks required for a role were carried out, including references from Great Western Hospital.

The trust was asked this week whether an NHS fit and proper person test was carried out for Mr McNamara and what its outcome was after the judgement was sent to parties on March 27, 2024.