Regulator to investigate claims of sexual harassment at Derbyshire NHS Trust
The director of workforce and organisational development at Derbyshire Healthcare NHS Foundation Trust was unfairly dismissed after being subjected to a campaign of “sexual discrimination, harassment and victimisation”, an employment tribunal has ruled.
Helen Marks, who was awarded ‘HR Director of the Year’ at the 2013 Healthcare People Management Association’s (HPMA) awards, was removed from her post in 2014 after allegations of bullying.
The tribunal heard that the then chairman of the Trust Alan Baines sent a barrage of abusive text messages – including one that branded her a “whore” – and encouraged other staff members to build up a case against the married HR director after she refused to have sexual relations with him.
According to the tribunal report, Marks and Baines struck up a friendship in 2010 and went on regular lunch dates where “they talked not only about work matters, but also their personal lives”.
The report described how Baines turned against the claimant, describing him as “bullying and manipulative” and ruled that he had abused his position, by suspending Marks without justification.
The report said: "Baines was in emotional turmoil about his relationship with Mrs Marks and his irrational behaviour was in response to the cooling off of the relationship."
Marks later instructed Akua Reindorf, employment law barrister at Cloisters Chambers, as her representative, and the tribunal ruled she had been unfairly dismissed.
Speaking after the hearing, Marks said: "I feel totally vindicated in pursuing the action. I hope that the Trust will learn from its mistakes and make appropriate changes to its policies and procedures so that, in future, its staff are not subjected to similar behaviour.”
The tribunal report referenced Marks’ HR expertise, stating: “The claimant had been responsible for the implementation of all the various policies that we were referred to in the course of the proceedings. She has intimate knowledge of them as a highly experienced HR professional.”
Commenting on the relevance of the case to current HR practices, Olivia-Faith Dobbie, employment law barrister at Cloisters Chambers, said: “Sexual harassment claims tend to be associated with certain sectors, such as financial services and other male-dominated professions. However, this decision demonstrates that it is not exclusive to such areas.
“In any hierarchical organisation (such as an NHS trust) there will be some people who abuse their power. What is important is that claims of this nature come to light and that the discriminators are brought to justice.”
The tribunal also found that chief executive Prof Steve Trenchard protected Baines, who was allowed to retire with his "good name" intact. Trenchard has been suspended as a result.
Following the decision, health watchdog Monitor has launched an investigation into Derbyshire Healthcare on behalf of its patients, over concerns about how the Trust t is run.
Dobbie said: “Gender equality in the workplace is not just about equal pay, but ensuring equal dignity and respect in all interactions. This culture cannot be brought about by tribunal judgments – by that time the damage is done. Instead, the culture must be fostered within each organisation by way of effective training for managers and effective support and reporting mechanisms for all staff.”