Former boss’ claim cost board £100k
A WELSH health board says it paid £100,000 in legal fees after one of its former employees took it to an employment tribunal.
Alice Casey claimed she was unfairly dismissed from her former employer, Cardiff and Vale University Health Board (UHB).
But Ms Casey, who worked as chief operating officer for the health board for four years, lost her case and her claims were dismissed by a judge.
The health board claims it had to spend just under £100,000 on legal fees. This also included two earlier discrimination claims which were withdrawn by Ms Casey.
Ms Casey resigned from her role at Cardiff and Vale UHB in May 2017 after a damning report from the Wales Audit Office (WAO).
The report highlighted “numerous and significant failings” in the way the health board procured and managed human resources contracts.
Ms Casey claimed she was unfairly blamed by the health board for the handling of these contracts and said she was “left to hang out to dry”.
She also claimed she was made a “scapegoat” for the management faults found in the WAO report.
But following an employment tribunal held in Bristol between October 1 and 5, it was found that claims of constructive unfair dismissal were “entirely without merit” and were dismissed.
The judge at the tribunal, C H O’Rourke, ordered Ms Casey to pay the health board £20,000 towards its legal fees – the maximum cost an employment tribunal can order someone to pay.
The tribunal’s judgement said: “It’s clear that the claimant’s [Ms Casey] real concerns were with the contents of the report, its criticisms of her and the effect on her reputation.”
It added: “The claimant was fixated on the decision of the WAO, but instead of attempting to directly challenge that decision, she sought to indirectly do so, by means of her claim against the respondent [health board] hoping thus to clear her name.”
The WAO report found that Cardiff and Vale University Health Board had failed to comply with its own procurement requirements when it awarded consultancy contracts to RKC Associates Ltd in November 2014 and June 2015.
It also failed to ensure the integrity of the procurement process that led to an additional contract being awarded in February 2016.
Auditor General for Wales Huw Vaughan Thomas said the award of these contracts “breached public procurement rules” and exposed the health board to “unnecessary financial and reputational risk”.
As a result, he said the health board could not demonstrate that the contracts were awarded fairly, transparently, lawfully or that they obtained value for money to the taxpayer.
On the day the report was published, Ms Casey, who had signed the contracts in question, wrote a letter to Cardiff and Vale UHB offering her resignation.
It was used as evidence in the tribunal as it contained no criticism of the health board.
Ms Casey’s letter to the health board read: “You will be aware that the early termination of my contract is a great disappointment to me but in the circumstances I feel I have no choice.
“I am grateful to the UHB for giving me the opportunity to make a contribution to the health and social care of the people of Cardiff and Vale.”
Tribunal Judge O’Rourke stated: “This is not the letter of resignation of a person who feels, due to their employer’s fundamental breach of contract, they they are forced to resign.
“There is no criticism respondent whatsoever.”
Ms Casey said the letter was written like that in “an attempt to maintain her dignity”. of the