Health
Proceedings Were ‘Conducted Unreasonably’
The total figure awarded to Dr Ranson by the tribunal is £3,198,754.00.
An employment tribunal has criticised the gov’s handling of the Dr Ranson case and the expense placed on Manx taxpayers.
The tribunal, chaired by Douglas Stewart, today awarded Dr Ranson just under £3.2m for her unfair dismissal from the DHSC and the treatment she suffered.
As part of the liability decision, the panel said it can award costs related to liability proceedings when a party has acted: ‘Vexatiously, abusively, disruptively or otherwise unreasonably. Alternatively the discretion can be exercised when a party has made a false or exaggerated allegation.’
It said it considered that proceedings were ‘conducted unreasonably and involved a false allegation (and indeed more than one)’.
The panel said: ‘In looking at the “whole picture” of the conduct of the liability proceedings, undoubtedly there were serious shortcomings. Documents were being disclosed before, during and even after the close of evidence, some of them very material and deliberately withheld. That aspect is part of the whole picture but there were other much more serious elements that underpin the Tribunal’s decision to award costs to Dr Ranson.’
Particular attention of this section of the ruling was paid to former DHSC interim CEO Kathryn Magson.
The tribunal said: ‘It is understandable (but not excusable) for an unrepresented litigant from a small business to defend his position in this Tribunal in what proves to be an indefensible manner and probably not be ordered to pay any costs. It is however inexcusable for a Chief Executive such as Miss Magson to mislead both the Tribunal and Dr Ranson. The case on liability was fought tooth and nail by the DHSC on a false basis to the substantial detriment of Dr Ranson and at the expense of taxpayers on the Isle of Man.
‘Miss Magson knew that the denials of liability in the Response contained assertions and allegations that were untrue. She knew or should have known and understood that the way she had drafted the Response was unsustainable. She knew or should have known that her pleaded arguments could never survive scrutiny once the documents which needed to be revealed were in fact disclosed.’
Unable to Substantiate
The tribunal accepted that there were serious shortcomings in the disclosure process and that a number of these needed to be further investigated. However, since then, Dr Ranson’s legal team has been unable to substantiate all the allegations that they had advanced.
The total figure awarded to Dr Ranson by the tribunal is £3,198,754.00.
You can read the full report here.
