The British Medical Association, which supported Gilby throughout, including with legal fees, said the award was testament to her “determination and bravery” but said the law needed to change.
“It remains clear that the protections afforded to doctors raising concerns are woefully inadequate and legislation in this area is still not fit for purpose,” the BMA said in a statement.
“We need to see radical change in how whistleblowers are protected and treated in the NHS.”
Gilby, who had previously been a medic, a consultant in anaesthesia and intensive care, hoped she had several years to go working for the health service before she was forced out. Despite the employment tribunal finding comprehensively in her favour, she fears her career in the health service is now over.
“It’s had a devastating impact, if I’m honest,” she says. “I’ve felt extremely isolated, and definitely feel that I am regarded as a pariah in the NHS. I think there is an unwritten rule that you do not take the NHS to court. You don’t stand up and be counted. You take the bribe, you keep quiet and you move on.”
Her hope now is that other people subjected to bullying and harassment will see the outcome of her case and have the courage to come forward and that “other organisations who are thinking of treating their employees in the way in which I was treated think twice.”
In a brief statement, the Countess of Chester NHS Trust “the Trust can confirm that the employment tribunal has been resolved through a mutually agreed settlement.”
