Rose Gibb was promised a severance package of £250,000 according to her contract when she had resigned from her post of Chief Executive of Maidstone and Tunbridge Wells NHS Trust in Kent. She had quit in October 2007 with mutual consent with her employer after a major bug outbreak in a hospital that is run by the Trust.

However, her severance package was put on hold by the Department of Health after the release of a shocking report soon after her leaving the post. The report revealed that due to unclean and over-populated wards in the hospital, the bug had spread. This outbreak of the bug named clostridium difficile had taken the life of ninety people. Subsequently, notice pay worth £75,000 was paid but the remaining compensation was denied.

Aggrieved by this decision of the Department, Rose Gibb had appeared before the High Court but her demand for the remaining compensation of £175,000 on the grounds of breach of contract by the Trust was denied.

Following the dismissal of her case, Jon Restell, the Chief Executive of her Union Managers in Partnership has said that they will apply for a leave to file an appeal before the Court of Appeal as their leading counsel is of the opinion that her case is based on strong grounds. In addition to the appeal, which could take a long time, they will also file a case before an Employment Tribunal.

Employers need to keep themselves up to date with HR and Personnel developments to avoid potential legal action from employers by taking a CIPD accredited course. Click here for all the information you need on the Certificate in employment relations law and practice available from the experts at Workplace Law Training.

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