Directors ‘should face disciplinary action’ over unfair dismissal, judge says

Employment Judge Postle ruled that Norfolk and Waveney Clinical Commisioning Group – now succeeded by Norfolk and Waveney Integrated Care Board – constructively dismissed the claimant, Clive Rennie, who had been an assistant mental health director. 

In a reserved judgment published on 8 May, the judge criticised one director, who is now deputy chief executive at Cambridgeshire and Peterborough Foundation Trust, for giving “disingenuous, unconvincing evidence”. 

The ICB was the case’s respondent and defended the claim. But the events relate to the work of the area’s CCGs, before the ICB was created in July 2022. 

The ICB itself was also criticised for having “deliberately kept away” from the tribunal the former CCG CEO, who was the subject of key accusations, but who did not submit witness evidence.

The problems arose during a restructure of a mental health strategic commissioning team, which included two previous director roles — held by Mr Rennie and Anne-Marie Schofield — being replaced by one Band 8D role, “head of mental health”.

The judge ruled Mr Rennie and Ms Schofield had an agreement with CCG managers — specifically the director of strategic commissioning, John Webster — which involved Ms Schofield being appointed and Mr Rennie accepting voluntary redundancy.

But the judgement said senior directors then devised “a conspiracy… behind the scenes” to renege on the deal. Instead, they appointed Mr Rennie and dismissed Anne-Marie Schofield. The ICB has separately accepted Ms Schofield was “unfairly dismissed”, at a tribunal in 2022.

Mr Rennie raised a grievance about the reneging on the deal, which was dealt with ”through a sham grievance process”, while managers went ahead with “unceremoniously sacking Ms Schofield in an effort to achieve [their] unlawful plan”, the claimant’s evidence said, as reported by HSJ in September.

Mr Rennie then left, but the judge agreed his departure amounted to constructive dismissal. The judgment said he was “without doubt constructively unfairly dismissed… Quite frankly the behaviour of the respondents being a public body should be further investigated and those responsible face disciplinary action”. 

The judge rejected a further claim, of age discrimination, however. 

Judge Postle did not specify which former directors should face further investigation or disciplinary action.

Evidence from Mr Webster to the tribunal was “disingenuous, unconvincing and his evidence was very much like the tide coming in and out when he realised he was caught out,” the judgment said.

Mr Webster left the system in 2021, first joining Norfolk Community Health and Care Trust, then moving to Cambridgeshire and Peterborough FT as deputy CEO in April 2023, a role he still holds.

The judge also said it was “surprising there was no witness evidence on behalf of the respondents from [Joanna Yellon, also then director at the CCG involved in the restructure] or [then Norfolk and Waveney CCG chief Melanie] Craig”.

“It would also appear, for reasons best known to the respondents, that Melanie Craig has been deliberately kept away from the proceedings as it would appear she has never been interviewed as part of the grievance process and no witness statements were taken from her,” the judgement said.

Ms Craig left the Norfolk NHS in 2022. She was seconded to NHS England for nine months, and is now CEO of Suffolk Community Foundation, which supports community and voluntary groups, in September 2022.

The judgment said claimants Mr Rennie and Ms Schofield were “consistent, reliable and honest in their evidence throughout”.

In a statement in response to the judgement, the ICB told HSJ: “We fully accept the findings of this employment tribunal and sincerely apologise to both these individuals for their experiences at the former [CCG] and for the added stress and anxiety in bringing this case to court.”

As well as the mishandling of the restructure, Mr Rennie’s witness statement alleged there was an “authoritarian and dictatorial style of management [and a] culture of bullying and misuse of power that had emerged under the leadership of [Ms] Craig and which included the executive team,” as reported by HSJ in September.

The claimant’s evidence was also cited the role of Arden and Gem Commissioning Support Unit, which provided HR support to the respondents.

In a statement the claimant’s counsel, Neil Ashley, director of employment law firm Paladin-Knight, said Mr Webster had “reneged upon his agreement”, and with the HR team from Arden and GEM CSU, conspired “in the most devious and unpleasant manner, to defeat Mr Rennie’s grievance [about the reneging] through a sham grievance process; and in the process, unceremoniously sacking Ms Schofield in an effort to achieve its unlawful plan”, as HSJ reported in September.

The ICB added in a statement: “We are committed to providing a supportive working environment where all of our employees are treated fairly. As an organisation and across our wider health and care system, we continue to review our workforce practices and we will fully consider the learning from this employment tribunal.”

Mr Webster’s witness statement to the tribunal claimed the CCG ran a fair recruitment process and correct protocols were followed, but this was rejected by the tribunal.

HSJ also approached Cambridgeshire and Peterborough FT and Mr Webster via the trust, Norfolk Community Foundation and Ms Craig for comment.