Martyn Pitman tribunal : Health trust never minuted meeting which led to the whistleblower consultant’s eventual sacking

Dr Martyn Pitman Pic Credit: Adele Bouchard Hampshire Chronicle

The second day of the employment tribunal hearing brought by Dr Martyn Pitman, the whistleblower consultant obstetrician and gynaecologist, against Hampshire Hospitals NHS Foundation Trust, was entirely devoted to a character assassination by the trust’s lawyers to attempt to prove he could not work with anyone. This is the key point of the trust’s grounds for sacking him.

Yesterday the doctor had issued a statement – which I was unable to report because of the tribunal’s remote access tech crash – explaining why he had brought the case and why he thought patient safety was at risk under new management at the Royal Hampshire Hospital’s midwifery service.

As the Press Association, who were at the court ,reported: “Mr Pitman said the merger of Royal Hampshire County Hospital with Basingstoke and North Hampshire Hospital NHS Trust in 2012 “proved challenging due to significant differences in the philosophy of care and management style”.

“I was justifiably reluctant to follow the low-risk, senior midwifery-led, pro-normalisation model of care championed by our new partners. I believe that, in the 21st century, maternity care should be patient-focused.

“Unfortunately this stance, somewhat professionally unpopular at the time, but now fully supported following recent enforced changes in UK maternity practice, made me vulnerable to managerial challenge.”

Effectively it meant more home than hospital births raising issues of patient safety. It was this change that led to a revolt by midwives who threatened a ” vote of no confidence” that enraged the managers and which Dr Pitman, who had worked in the hospital for over 20 years supported them.

It was this that led to the clash. As he said in his statement:

“Instead of working with me and my fellow consultants to address the concerns that had been raised, senior managerial colleagues realised the individual and organisational damage that our disclosures could cause.

“They chose instead to recruit the willing assistance of their senior trust managerial colleagues to subject me to a formal Managing High Professional Standards Investigations (MHPSI).

“As a direct consequence of exerting my professional responsibility in whistleblowing concerns I was subjected to brutal retaliatory victimisation.”

Today it emerged that the initial meeting between management and the three senior midwifery managers that led to the decision to launch an internal investigation into Dr Pitman’s conduct in backing the dispute was never minuted. The three had already accused him of bullying and one claimed she had to rush to the toilet to cry after a meeting with him.

This decision is remarkably similar to the action taken by the managers at the Epsom and St Helier University NHS Trust – who set up an informal unminuted group – so they could pursue whistleblower cardiology consultant Usha Prasad and sack her for raising whistleblowing concerns and claims of racism and sexism.

Dr Pitman told the tribunal he was ” astonished ” there were no minutes of the meeting. ” This was the meeting that set in motion a process that led my eventual sacking and end of my career at the hospital.”

Day’s grilling by Mark Sutton, KC

His answer was part of a day’s grilling by Mark Sutton ,KC the former head of chambers and part time judge at Old Square Chambers, where he accused Dr Pitman, on behalf of the trust, of behaving in a rude and arrogant way, declining to meet people, neglecting patients, slamming a door at a meeting, causing one member of the senior midwifery managers, to hand in her resignation because of his bullying , planning revenge on the trust and raising issues that ” were not in the wider public interest” by bringing this case.

Dr Pitman refuted these allegations. He pointed out that the letter of resignation from the manager came at a time when he was not at the hospital so he could not have bullied her. The accusation of planning to take a holiday at Christmas when they needed a consultant and therefore neglecting patients was caused by the management not telling him they had changed the procedures for staff to book holidays.

He categorically denied planning revenge against the hospital management but told the tribunal that when he returned before he was dismissed he found the situation concerning the management of the midwifery service had not improved and was worse.

The hearing continues tomorrow.

The trust in a fresh statement said:

“The trust ensured that all issues raised by Mr Pitman were thoroughly and impartially investigated, including in some instances through external review. Every effort was made to repair his relationships with the maternity and clinical colleagues in question – efforts which were unfortunately unsuccessful.

“We are increasingly concerned that Mr Pitman’s representation of the reasons for his dismissal could discourage others from raising important issues.”

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Protest demos and tech chaos at the start of whistleblower obstetrician Martyn Pitman’s case at the employment tribunal

Hearing reveals disjointed top management at Royal Hampshire hospital with midwives threatening ” vote of no confidence” in senior staff

Patients and NHS staff supporters of Dr Pitman stage demo outside the court

The long awaited three week hearing brought by Martyn Pitman, the popular whistleblower obstetrician and gynaecologist, against his dismissal by Hampshire Hospitals NHS Trust began yesterday.

Before even the court met in Southampton demonstrators turned up outside the building with placards expressing support for the doctor with some saying ” whistleblower or witch hunt”. Dr Pitman has a Facebook page ” Friends of Martyn Pitman, which has 1,700 followers – such is his support in Hampshire.

The trust does not consider he was sacked for whistleblowing

Then before the hearing could begin the tribunal’s remote access system crashed under the weight of journalists, including the BBC and the Press Association, and people wanting to report and observe the case. There had been doubt whether remote access would be granted by the judge – as it was said it had been ruled out. But with possibly up to 100 people from prominent medics and other whistleblowers the judge who is hearing the case relented.

As a result apart from a few journalists who managed to get into the small court nobody could hear the morning’s hearing as Dr Pitman started his evidence.

Remote access was restored about 2.15 pm but only 25 people were allowed to use it. Luckily I was one of the 25.

Dr Martyn Pitman Pic Credit: Adele Bouchard Hampshire Chronicle

From the afternoon’s session when Dr Pitman was cross questioned by Old Square Chambers lawyer, Mark Sutton for the trust, it became pretty clear that the trust was going for a character assassination of the doctor who had raised patient and staff safety issues and was critical of the way senior management were handling it.

The issue discussed during the afternoon centred around strong misgiving by midwives working at the Winchester Hospital who were calling for a ” vote of no confidence ” against the nursing and midwives management. The consultant took up their cause.

Mr Sutton cited memos from senior staff which portrayed the consultant as an intimidating bully of women blocking the door at one meeting to prevent a senior manager leaving and leaving one senior manager ” crying in the toilet ” after a meeting with him. He was also dubbed ” an agitator” by Mr Sutton for taking up the midwives cause rather than leaving senior managers to sort it out between them.

Dr Pitman pointed out that the allegation he was a blocking a door was completely false as the meeting was in a small room and there were no seats left when he got there , so all he could do was lean against the door.

As for the meeting with another senior manager she had claimed that she had rushed out and went to the toilet to cry after meeting him. His version was this was a ” connivance” and not true. He told the tribunal that ” if this was true I would have been sacked the next day.” Instead he had been invited to further meetings to resolve it. It turned out both complainants were close friends.

And as for the accusation that he was an agitator Dr Pitman said that all he did was to ask for the opinions of all staff from health assistants to senior consultants about what they thought about the midwives concerns.

” I didn’t say what my opinion about it was so as not to influence them. I just asked what he thought.”

He added he had been “humbled ” by the fact that staff trusted him to look into the case.

The hearing continues today.

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Martyn Pitman: Tribunal opens next week on a popular sacked obstetrician’s fight against a NHS trust on patient safety

But it appears the employment tribunal is trying to block the public and press from attending the hearing

Martyn Pitman: Pic credit: Adele Bouchard Hampshire Chronicle

Next week in a cramped magistrates court in Southampton an employment tribunal judge will hear an extraordinary case about an extremely popular obstetrician and an exemplary clinician who was sacked by the Hampshire Hospitals NHS Foundation Trust after he raised issues of patient and staff safety in its maternity services.

The trust has denied that he was dismissed because of whistleblowing or raising patient safety issues -claiming that it wants people to speak up about these issues. In a statement last June it said : ” no member of staff has ever been dismissed for whistleblowing or raising concerns over patient safety; and they never will be.” But despite the dispute with Dr Pitman going on for four and a half years it has never said publicly why it dismissed him and will have to explain itself to the tribunal next week.

In the meantime the 57 year old obstetrician and gynaecologist has had unprecedented support from the people in Hampshire . A Facebook group called Friends of Martyn Pitman was set up by Lynda Emptage, a patient of Martyn’s for 20 years, who was so upset about news of his dismissal, that she wanted an inquiry. It now has 1,700 members.

Sarah Parish Pic credit: Somerset Live

He has also been publicly praised by  Broadchurch actress Sarah Parish who credits Martyn with saving not only her life but also her daughter Nell’s life. She had a late baby in her early 40s and without his intervention in an emergency she believes both of them would have died. He has also had an article about his concerns in The Times and appeared on breakfast TV.

The timing of the case is also embarrassing for the trust as it comes straight after the national scandal at the Countess of Chester hospital where Lucy Letby, a nurse, was convicted by a jury of murdering babies and the management of the trust emerged as threatening doctors and forcing them to write a letter of apology to her after they raised genuine concerns.

The trust appears to have been extremely reluctant to have any employment tribunal hearing at all. In April this year it attempted to strike out his defence and was largely unsuccessful.

Now the trust has decided to spend hundreds of thousands of pounds of taxpayer’s money employing the former head of Old Square Chambers and part time employment judge, Mark Sutton, for the three week hearing. Mr Sutton is more used to taking cases to the Supreme Court and Court of Appeal as well as representing trusts and doctors ” fitness to practice ” cases. His CV says he” is the sort of person who would inspire confidence in any judge” but also an expert lawyer on doctor’s disciplinary cases.

Dr Pitman, who is backed by the British Medical Association, is also represented by Old Square Chambers. His brief is Jack Mitchell. His CV on Old Square Chambers website says he is the ” go to junior counsel ” for whistleblowers and he has written two books on whistleblowing and an article on  whistleblowing in sport. He has represented Babcock, Eurotunnel, Paul Smith, Royal Mail, Thomson Reuters, The Ritz, Terrence Higgins Trust and the BBC in previous cases. He has represented clients with successful claims against companies including, Lloyds Bank, HSBC and HP.”

So whatever happens in this case Old Square Chambers are going to make a small fortune out of this hearing. Solicitors in the case are Bevan Brittan, for the trust and Capital Law for Dr Pitman.

Entrance to Southampton Magistrates Court. Pic Credit: Southampton Daily Echo

There is also some concern about whether the public and the press will be able to hear and report the case. For a start Southampton Magistrates Court is a very small one. Some people say it is pokey and will hardly hold many people once the teams of lawyers and staff from the trust have taken up the seats. The entrance as you can see above is hardly inviting. Given the huge interest among the public in the case with 1700 on one website supporting Dr Pitman it is rather surprising the court authorities chose such a pokey venue.

It is also not listed as a hybrid hearing – both in person and on line – even though Southampton can have hearings remotely. People, including myself, and a number of distinguished physicians and whistleblowers across the UK have applied for a remote link to hear the proceedings but have had no response from the employment tribunal service beyond a standardised letter of acknowledgement.

Frankly as the judiciary is supposed to be committed to ” open justice” I think a refusal to allow people to attend remotely will be seen as ” hole in a corner justice” particularly as employment tribunals do not keep a record of the proceedings themselves.

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