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Press Release: Doctor wins claim for unfair dismissal by United
Lincolnshire Hospitals NHS Trust After An Employment Tribunal (ET) has found in June 2006 that United Lincolnshire Hospitals NHS Trust unfairly dismissed a British Asian Dr Shreedhar Vaidya in April 2003. This hearing was a landmark in a 5-year long legal battle consisting of six separate claims consolidated through 4 years of directions, delays and adjournments culminating in a 5+ week hearing that sifted through 4,200+ pages of evidence. Dr Vaidya brought his claims against the NHS Trust and 4 named individual respondents (1) Dr Upulranjan Dewamitta Wijayawardhana ‘Dr Wijay’ Grantham NG31 8FY, (2) Dr Christopher Robert ‘Chris’ Birch of Nr Grantham, NG31 8NA (3) Mr Richard Widdison (with East Lincolnshire PCT (Chairman Brian Wookey) Boston West Business Park, Sleaford Road, Boston PE21 8EG Tel: 01205 318000) and (4) Mr Andrew Avery, ex-Director of Human Resources (retired on fat pension in early 2006) who allegedly led a campaign to oust Dr Vaidya from his employment under covert [i.e., concealed from Dr Vaidya] threats of resignation and blackmail by Drs Wijayawardhana and Birch, only because Dr Vaidya had raised valid concerns in the Public Interest about the quality and supervision of junior doctors’ training at Grantham and reported Dr Wijayawardhana’s poor and dangerous clinical practice [professional misconduct] that was putting patients’ lives at risk, to the General medical Council.—Not heeding Dr Vaidya’s concerns on unsupervised SHOs raised in 1999 --and independently supported by one Dr Chris Tyler-- actually cost one unfortunate Grantham man his life (by brain haemorrhage) in February 2001 ---through an unsupervised and reckless administration of “double-clot-buster” by an SHO illegally imported from Sri Lanka on personal recommendation by Dr Wijaywardhana, bypassing the NHS safeguards of PLAB/open competition-interview process for overseas non-EU medical graduates. Sitting at Nottingham during January-February 2006, the Employment Tribunal heard evidence on events from mid-late 1998 to mid-2003. Dr Vaidya’s Counsel presented the Tribunal with convincing and almost irrevocable documentary evidence regarding the scandal of conspiracy and victimisation by NHS management under the influence of Drs Wijay-Birch through abuse of administrative office and of public funds meant for healthcare. Dr Vaidya has appealed against the Tribunal decision dismissing his other Claims under other Causes of Action of victimisation for making Public Interest Disclosure Act (supposed to protect whistle-blowers), and several instances of direct race discrimination and through victimisation for approaching the Employment Tribunal to seek justice and redress. Dr Vaidya said he felt let down by the Tribunal system that had silently watched him being victimised from early 2002 and that effectively appeared to condone such abuse by NHS management and did not serve the overriding objective of natural justice to him. ‘Justice delayed is justice denied’, observed Dr Vaidya. ‘It is Pyrrhic irony that I have lost nearly a decade of my life in my quest to obtain justice and redress only to find myself requiring to make another attempt at it; while those who perpetrated grave injustice through serial illegal breaches of several statutes have remained employed and drawn increments draining millions of public funds, shunted to other pastures or retired on fat pensions and effectively spat on the concept of any accountability in public office’. None of the named respondents, as well as their other witnesses were open, honest or straight with Dr Vaidya. Trust management’s conduct towards a highly accomplished professional and their attempts to destroy him (for seeking explanations, answers for their treatment of him, justice and redress) was oppressive, high-handed, malicious and insulting. There should be some accountability for such behaviour in large monopoly government organisations. Dr Vaidya said: “Any reasonable tribunal would ask: If Dr Vaidya was a non-starter and such a horrible employee, why did it take the respondents 3 and a half years to dismiss him – albeit unfairly, requiring a range of vague, unsubstantiated, unproven- unprovable, dead-buried-then-and-exhumed and fabricated allegations, threats of resignation, a high level management conspiracy, three suspensions – and – a – special-leave extending over 1,100 days, 3.5 investigations (in fact all non-independent, aborted, resurrected, reshaped and all prejudiced) selectively alleging only about “personal conduct” against Dr Vaidya; illegally hiring an “outsourced prosecutor” masquerading as ‘independent investigator’ misleading the BMA & appeal-panel, nation-wide evidence–trawling campaign, ignoring and illegally contesting Dr Vaidya’s disclosure request in breach of the date protection act, misleading Dr Vaidya’s MP but not affording him “due process”, trawling false/inaccurate criminal allegations while the matter remained sub judice to date and the subsequent costs to them by way of selling/leasing donated Trust land and closure of wards and services?! “I have suffered extreme injustice by several limbs of the ‘establishment’ but steadfastly believe that truth will triumph ultimately.” Dr Vaidya works as a freelance consultant physician in the UK where his professional services are much valued and appreciated. “This Trust had a dedicated professional committed to provide consultant-quality care service to people of Grantham area on a ‘half-the-consultant rate’ contract, but clearly the Trust preferred those of unsafe cowards afraid to work with him who acted unscrupulously to ‘save their bacon’ at huge costs to patient services at Grantham ---and at least one innocent Grantham-patient’s life.” 28 July 2006 Contact for more info. 07944 751 733
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