Tuesday, 17 March 2015

Judge slams Barts Trust for missing documents

Barts Trust came under growing pressure at the east London employment tribunal over its failure to produce documents backing up its claims against sacked trade union rep Charlotte Monro.

Twice during proceedings at the Anchorage House based tribunal, Judge Jonathan Ferris asked why the legal team were unable to produce key documents.

The first instance came in relation to a disciplinary charge against Ms Monro over what was claimed to be a breach of confidentiality regarding staff matters. “We didn’t consider the contents of the consultation evidence confidential,” said Ms Monro, under pressured questioning from the Barts Trust barrister Nadia Motraghi.

Judge Ferris intervened to state that the tribunal could do with seeing the consultation document which had gone missing.

The judge also pulled up Ms Motraghi over what he considered to be a “bludgeoning” of Ms Monro.
The second missing document concerned a listing of Ms Monro’s convictions back in the 1970s. The convictions had been one of the grounds for Ms Monro’s original dismissal.

Ms Monro had failed to declare the convictions when she first applied and obtained her job at Whipps Cross hospital in 1987.


It was when Ms Monro was asked to complete a CRB check in March 2013 to reveal any convictions that she openly went to her line manager explaining the situation.


She was assured that it was clear she was no risk to patients or public and as the convictions were so long ago it was unlikely to be a problem, but advice would be sought about process.
She heard nothing till four months later after she had spoken to the local council scrutiny committee the convictions were added later to accusations relating to her union activities.


Previously, Judge Jonathan Ferris picked up on the point that it had taken just five days to present the charges relating to the other accusations against Ms Monro but took 80 days (from March) relating to the convictions question

The judge though was less than happy about the failure on this occasion to provide the original document with the convictions listed, presenting instead “an inadequate photocopy.”

Judge Ferris questioned whether the Trust had lost the original document. “The Trust has got no business losing it,” said Judge Ferris. “The basis of what is on the document is central to the dismissal.”

*Judge slams Trust for missing documents" - Morning Star - 17/3/2015



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