Former medical director seeks to advance second unfair dismissal claim against DHSC

Tribunal also hears evidence on costs and Tynwald's select committee on the case

The Island's former medical director is seeking to advance a second claim of unfair dismissal against the Department of Health and Social Care, despite the tribunal having believed the proceedings would be withdrawn.

Dr Rosalind Ranson was recently awarded a record-breaking payout for the Employment and Equality Tribunal after it ruled she had been fired for whistleblowing.

The tribunal met this morning to consider a number of issues, including legal costs, Tynwald's select committee looking into the handling of the case and the prospect of a second liability hearing.

Dr Ranson was previously awarded 70% of her legal costs for the original liability hearing, but the Department of Health and Social Care's legal team is challenging whether that figure should include matters handled by her husband, barrister Damian Falkowski KC, who represented her in the early stages of the case.

Oliver Segal KC, representing Dr Ranson, told the tribunal the DHSC has opposed all costs relating to Mr Falkowski's work on the case, despite Mr Segal arguing that the barrister had taken on the case at the expense of other paid work.

However, Simon Devonshire KC, who put forward the department's case, said the DHSC is yet to receive a breakdown of the costs, and is unable to move forward until it receives the paperwork from Dr Ranson's team, adding that it was unlikely Mr Falkowski would seek to sue Dr Ranson for lack of payment.

The tribunal also revealed the Clerk of Tynwald has requested copies of the evidence after the court voted in support of a select committee-led investigation into the department's handling of the case.

Mr Segal suggested Tynwald may struggle to navigate the evidence due to the quantity of it, but Mr Devonshire felt it would be appropriate for the investigation to see it in its entirety as it was presented to the tribunal.

Chairman of the tribunal, Douglas Stewart also raised the issue of a second liability claim relating to Dr Ranson's dismissal in January 2022.

Having not been transferred to the medical director role within Manx Care, Dr Ranson continued at the DHSC on a limited term contract until early last year, and was dismissed when that contract expired.

In April 2022, Dr Ranson filed an unfair dismissal claim as such proceedings have to be brought within three months of a dismissal, but asked that it be stayed until the conclusion of her previous claim.

Mr Stewart told the hearing he understood the medic had filed this claim on a protective basis in case her previous tribunal was unsuccessful, and had expected it to be withdrawn after she won her case last year.

The DHSC's team had also expected this to be the case and contacted Dr Ranson's representatives about this last month after the tribunal published the compensation details.

However, Dr Ranson's team responded to say this claim is being brought in addition to the previous tribunal due to additional detriments suffered after the first claim was filed in March 2021.

Mr Stewart confirmed Dr Ranson has since confirmed to the tribunal that she wishes to proceed with the second case, seeking further compensation based on later detriments.

He told the hearing he may not have granted the stay had he realised the second case would be proceeded if the first tribunal was successful, as he would have sought to consolidate the two cases into one tribunal.

Mr Stewart said he was concerned about prejudice to the DHSC and the extra expense to the taxpayer of a second tribunal, stating he had expected the case had reached finality when it concluded its remedy hearing in March, adding "that is what I'm sure the public of the Isle of Man thought had been achieved."

Mr Segal insisted Dr Ranson is not seeking to abuse the claims process by proceeding with the second case, but Mr Devonshire said he believed some of her later claims had been dealt with by the original tribunal, and that one tribunal should have been enough to cover all issues.

Last month, the tribunal announced it had awarded Dr Ranson a total award of almost £3.2m for being dismissed as a result of whistleblowing - it was confirmed this morning that the net figure stands at almost £2.6m, and that the payment has now been received by Dr Ranson.

The tribunal will now consider how to progress over these issues, and publish its findings in due course.