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Date: 18 May 2024

Time: 08:53

Former nurse loses claim

Story posted/last updated: 28 November 2012

A former nurse who worked at Selly Oak Hospital has lost an employment tribunal against University Hospitals Birmingham NHS Foundation Trust (UHB).

Karen Hall, aged 47, from Edgbaston, had claimed constructive dismissal against the Trust after she resigned from her job as a theatre scrub nurse in September 2009.

She had claimed that on several occasions she reported procedures that she alleged put patients at risk, and that these concerns were ignored by the Trust.

Birmingham employment judge Alan McCarry dismissed the claims, finding that the Trust took Ms Hall’s concerns seriously, properly investigated them and introduced extra safeguards where necessary.

The hearing concluded there were "no unsafe practices" in the Day Surgery Unit at Selly Oak Hospital, as claimed by Ms Hall, "no patient was put at risk" and the theatres "were not unsafe".

He added that, following several periods of sickness absence, Miss Hall refused the offer of an alternative position in the endoscopy department as she wanted to develop her private Reiki business.

A UHB spokesperson said: “The Trust is satisfied with the outcome of the employment tribunal and the extent to which the Judge’s comments backed the integrity of the Trust’s witnesses.

“Patient safety and outcomes are the Trust’s primary concern and the ruling supports our position as an organisation which works tirelessly to ensure patient safety is not compromised in any way.

“It is regrettable that Ms Hall chose to take her unsubstantiated and, as stated by the tribunal, ‘considerably overstated’ and 'uncorroborated’ allegations, which were ‘far removed from reality’, through a legal process which has cost the NHS in excess of £155,000.

“As stated in the ruling, the Trust at all times dealt with the claimant and her concerns and complaints in an appropriate manner.”

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