Dentist wins fight with health board
16- day inquiry hears of lack of judgment and balance
A dentist who quit her senior role with the health board amidst a false allegation scandal has spoken of her relief at finally being vindicated.
Respected May Hendry, 57, was the Dental Practice Adviser to Ayrshire and Arran Health Board – but left as she feared patient safety was being put AT RISK.
She’s now won a protracted legal fight against the board as a tribunal ruled she was constructively dismissed.
During a 16- day hearing in Glasgow an astonishing story of the actions of the health board hierarchy unfolded.
An explosive and complex 108- page finding shoulders blame on both the chief executive John Burns and his £ 170,000 a year medical director Dr Alison Graham.
And this week May, who lives in Ayr and works part- time at a dental surgery in Troon, said: “I’m pleased the judgement has been made in my favour and that all NHS Ayrshire and Arran witnesses confirmed that they had never doubted my integrity.
“It is scandalous to me that I was treated in the way I was, simply for doing my job appropriately including protecting patients and the public purse.
“My job became untenable when the Health Board was doing nothing to protect me against false allegations, which it knew to be false, and were made against me by two dentists who had findings against them and were trying to avoid any adverse outcome.”
Those two dentists were Donald Morrison, who heads Quadrant Dental in Ayr’s Barns Street, and his former colleague Michael Morrow.
Judge Lucy Wiseman said the health board’s “desire to appease” the dentists lay at the heart of the case and May’s mistreatment.
She said: “The board appeared to ‘ favour’ these dentists and this was illustrated by the fact there was a complete inability on their part to act robustly.”
The tribunal in August heard there had been “widespread misclaiming” at the surgery, including claims for precious metals in crowns when they were not used.
The hearing was also told that Medical Director Alison Graham had started her career at a GP practice in Perth run by Donald Morrison’s dad.
The case – which heard the five dentist Quadrant surgery escaped punishment on up to £ 300,000 in false treatment claims – centred on Morrison and Morrow making unfounded allegations against May Hendry.
Morrison, bought Quadrant from Donald McKie in 2011 and failed to respond when asked for comment this week.
As Dental Practise Adviser since 2001, May provided clinical governance to ensure best treatment for patients and to give support to dentists.
But Morrow claimed in a complaint letter to the board that May had “doctored” a letter and should be reported to the General Dental Council.
May was “dumbfounded” at the allegation and when she tried to challenge it, she said she felt Dr Graham gave her no support.
Dr Graham’s actions were also reported by NHS Scotland advisor John Cameron to the Director of Counter Fraud Services because he “was concerned that Ms Graham appearing to be favouring Mr Morrison.”
She had also wanted to share a report with the dentists before it was finalised and that Dr Graham ruled no criminal investigation.
The hearing was informed May was told not to speak to chief executive John Burns about an external review nor John Cameron, which meant “she could not fulfil her role.”
May became “very stressed” by what was happening and told the complaints by the dentists were not personal, though they were.
And she complained to Dr Graham that she was very unhappy with “all the cloak and dagger stuff.”
Morrison had in fact branded her “dishonest and unethical.”
But the board prevented her from having a right to reply, which left her devastated at the “lies.”
She then told Dr Graham she had to consider her position as she thought she ( Dr Graham), John Burns and the health board had been inept.
And she pleaded for health board seniors to try and get Morrison to “back off.”
She added: “He is completely out of control and I think he’ll get worse if no one does anything to stop him.”
May, who had also sat on the national Quality Improvement Group, resigned on January 18 last year.
On credibility, judge Lucy Wisemen concluded evidence given by John Burns, Dr Graham and Head of Primary Care Pamela Milliken was “at times perplexing, convoluted and reluctantly given. Mr Burns was very guarded in every response he gave and whilst we acknowledged this may be a product of the environment in which he works, it often left us with the impression responses were carefully constructed rather than candidly given.”
And on Dr Graham’s credibility the judge said: “Ms Graham was also guarded in the responses she gave and often would not acknowledge an obvious point until the question had been asked several times.
“Ms Graham repeatedly told us the Board’s role was to support individuals and that an open and transparent culture was one of the Board’s values. We had no reason to doubt this evidence, but it only emphasised the closed and opaque way in which the respondent ( health board) dealt with the claimant ( May Hendry).”
May’s lawyer Stephen Miller had said evidence by Mr Burns and Dr Graham was evasive, cagey and “had a habit of sticking slavishly to certain lines long after it had been demonstrated they were not credible.”
Mr Miller, of Clyde & Co, had told the hearing his client had been marginalised, humiliated at a national level and her “justified reputation crudely sacrificed, or at best ignored in the Board’s attempts to support two complaining dentists.”
Dr Graham rejected the suggestion she had acted to “protect” Morrison but the hearing was told she didn’t ever tell John Burns she used to work for his father.
The tribunal ruled: “There appeared to be a lack of judgment and balance in the actions/ ommisions of Ms Graham, such as the lead to the question ‘ why’ being asked. This was compounded by an unseemly eagerness by the respondents to dance to the tune of the complaining dentists.”
Both Mr Burns and Dr Graham repeatedly stated to the tribunal there was no issue with May’s integrity.,
The tribunal judge said the tribunal acknowledged the “quite frankly bizarre way” in which the complaints against May were handled.
It was also pointed out “there were
He is completely out of control and I think he’ll get worse if no one does anything to stop him May Hendry
a number of very curious actions taken by Mr Burns which included meeting with Donald Morrison, his wife and the Dental Practice committee chairman Simon Morrow without having briefed himself to the background and without a note taker being present and accepting complaints made by Mr Morrow and Mr Morrison at face value.”
Mr Burns was also singled out for not offering to meet with May.
It was in June last year that May took her case to the Employment Tribunal after several years of internal probing of claims by and complaints made by Quadrant.
And after the judgment her lawyer Stephen Miller said: “Scandal can be an overused word. But this affair is a scandal.”
He’ll meet the health board later this year to negotiate a payout for his client’s dismissal.
On Tuesday the health board said it accepted the tribunal findings and operated “in an open and transparent environment.”
A spokesperson for NHS Ayrshire & Arran, said: “NHS Ayrshire & Arran operate in an open and transparent environment.”
On the misclaiming of cash for tooth repairs, a spokeswoman said: “While NHS Ayrshire & Arran has ultimate financial and clinical governance accountability for general dental services, the Chief Executive and Medical Director have no routine role in determining payment verification for dental services.
“This is carried out by Practitioner Services, part of NHS National Services Scotland, which investigated the alleged mis- claiming by the Quadrant practice in Ayr, and reported that to the relevant NHS Ayshire & Arran committee.
“The initial scope of claims considered for review was in excess of £ 300,000. However, after investigation, Practitioner Services quantified the extent of mis- claiming to be between £ 77,000 and £ 85,000, plus the consequent effect to practice allowances and superannuation costs.
“Of this, £ 72,500 has been recovered by Practitioner Services, and the remaining amount is subject to continuing investigation and recovery processes.
“This matter remains under the responsibility of Practitioner Services and as such the Board can make no further comment.”