Court
The Clock is Ticking
If the second complaint isn’t removed, then the department has set it will see to have the complaint struck out.
Dr Rosalind Ranson and the DHSC have been set a deadline of July 10 to either settle, withdraw or continue with a second tribunal.
If the second complaint isn’t removed, then the department has set it will see to have the complaint struck out.
The second complaint alleges unfair dismissal, automatic unfair dismissal by reason of making protected disclosures. It concerned termination of Dr Ranson’s employment on January 26 2022 and for detriments which Dr Ranson “will say she has suffered in addition to those pleaded in the First Complaint.”
These were different detriments alleged to flow from those extensively set out in the first complaint.
However, there is controversy over the second complaint, with the panel chairman Douglas Stewart showing clear dissatisfaction with how events had turned out during last weeks hearing.
In directions and order that arose from that hearing, the panel has said: ‘Dr Ranson’s second complaint of April 25 2022 expressly stated that it was issued on a protective basis only.
‘At that date, although the hearing had been concluded, the liability decision had not been published. Following termination of Dr Ranson’s contract on January 26 2022, there was a time limit of three months in which to lodge a Second Complaint. Taking this step was justified to prevent that complaint from being time-barred.
‘Had Dr Ranson lost her first complaint or failed in her protected disclosures, then her second complaint provided belt and braces.’
The wording of that second complaint says it was awaiting the result of the first and ‘this claim is submitted protectively in the first instance’.
However, the panel said: ‘The clear implication was that if Dr Ranson succeeded in securing compensation based on her first complaint, this second complaint would be withdrawn. Based on that representation of Dr Ranson’s intention at that time, the Chairman agreed to extend the stay of the second complaint until after the Remedy hearing.’
Assume Nothing
On May 23 2023, CallinWild, representing the DHSC, wrote to the tribunal and Dr Ranson’s solicitors to say: ‘I can confirm that our client’s position is that as the second complaint would appear to have been protective in nature, we consider that it can now simply be withdrawn.’
However, on May 25, her solicitors replied: ‘It is incorrect to suggest that the second claim was filed on a protective basis only. The claim was brought in addition to the claim under case number 21/20 and is concerned with detriments that Dr Ranson suffered in addition to those pleaded in that first claim.
‘We are considering with our client whether this claim should be progressed. At this stage, it is not withdrawn. Our client is currently taking a much-needed break following the Remedy Decision and we anticipate having instructions in the next few weeks.’
The tribunal’s panel said this response was ‘a matter of surprise and concern’ to them as they believed that it would be withdrawn.
On June 9, Dr Ranson’s team then confirmed that she will continue with the second claim ‘insofar as relating to those matters which do not overlap with her initial claim’.
Strike it Out
In detailed submissions provided by Mr Devonshire on behalf of the DHSC, entitlement to any further compensation was firmly resisted both on the merits but also on complex legal arguments.
In essence, his submission was that ‘there are no further losses’ which he can point to and, following legal precedent, he argued that pursuing the second complaint amounted to ‘an abuse of process’.
Both of these arguments, as well as others submitted were strongly opposed by Dr Ranson’s solicitor Mr Segal.
Now
As the two sides were so evidently miles apart on this point, the panel has given them until 4pm on July 10 to either reach a settlement, to have the complaint withdrawn or to continue to strike out hearing which would determine whether or not the second complaint could be taken up.
You can read the full report here.
