The fit and proper person test of Gloucestershire hospitals’ chief executive, Kevin McNamara, was updated following an employment tribunal outcome that raised concerns over bullying during his previous job, the health trust revealed.
An employment tribunal found that Swindon’s Great Western Hospital, where Mr. McNamara was previously chief executive, unfairly dismissed a health and safety leader who received extra work while undergoing chemotherapy. The tribunal also awarded the individual £23,797.46 in compensation.
While the hospital trust did not challenge the overall finding of constructive dismissal, it applied for the judge to reconsider specific parts of the reasoning implicating Mr. McNamara in bullying. The trust’s appeal is expected to be heard in July.
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Mr. McNamara was appointed by Gloucestershire Hospitals NHS Trust in June 2023 after an “open and competitive recruitment process”, during which the employment tribunal issues were discussed. The trust claimed that all appropriate checks required for such a role were carried out, including references from Great Western Hospital.
The NHS fit and proper person test, a regulatory requirement for NHS trusts, ensures that individuals appointed to board-level positions are suitable and fit to perform their roles. The trust confirmed that the test was updated in accordance with NHS England requirements following the employment tribunal.
The trust emphasized that the employment tribunal “did not uphold Mr. Hemphill’s claims of a culture of bullying” and that Mr. McNamara had been completely transparent with them regarding the issues within the tribunal.
Deborah Evans, Chair of Gloucestershire Hospitals NHS Foundation Trust, reiterated that all appropriate checks for the role were carried out and expressed no concerns regarding Mr. McNamara’s appointment.