Treatment of Island's former medical director by those running DHSC was 'shameful', says legal team

The treatment of the Island's former medical director by those running the Department of Health and Social care was 'shameful.'

That's the message from legal team - BridsonHalsall - which represented Dr Rosalind Ranson in two appeals brought by the DHSC.

It comes as a tribunal ruled she should be awarded £3.2m this week, following her 'unfair dismisal' by the department.

It says 'Dr Ranson was found to have been unfairly dismissed due to whistleblowing regarding her serious concerns about matters such as patient safety.'

'The then DHSC CEO Kathryn Magson was not passing her advice to Ministers to deviate from the Public Health England approach and to urgently close the Isle of Man border.'

The Tribunal ruled Dr Ranson had been subjected to humiliation, bullying, harassment and vilification and that ‘her humiliation was apparent up to and including high levels of Government and the Council of Ministers’. 

The Tribunal also categorised former CEO Kathryn Magson’s misconduct (and others) as being ‘oppressive and arbitrary’.

She has been awarded the highest ever compensation award by the Isle of Man Equality and Employment Tribunal. 

The Tribunal ruled Ms Magson knew the denials of liability in the DHSC response to the claim were untrue and that it was inexcusable for her to mislead the Tribunal and Dr Ranson.

Rare awards for aggravated and exemplary damages were made due to the DHSC’s ‘high handed, malicious, insulting and oppressive manner’ during the course of the litigation and were ‘warranted for [DHSC’s] oppressive, arbitrary and unconstitutional behaviour-amounting to gross misconduct’.

Those at the firm have congratulated Dr Ranson on her 'brave and successful fight for justice.'

You can read the full statement below:

"On behalf of BridsonHalsall we congratulate our client Dr Rosalind Ranson on her brave and successful fight for justice following her unfair dismissal by DHSC.

 The Isle of Man was extremely lucky to have Dr Ranson in post as Medical Director just before the covid pandemic began. The Tribunal noted the high degree of respect that Dr Ranson commanded amongst colleagues. Sadly, her treatment by those running DHSC was shameful. The consequences of that treatment are far reaching, and ongoing because it raises serious questions relating to Isle of Man Government’s actions and decisions.

 Dr Ranson was found to have been unfairly dismissed due to whistleblowing regarding her serious concerns about matters such as patient safety, and that the then DHSC CEO Kathryn Magson was not passing her advice to Ministers to deviate from the Public Health England approach and to urgently close the Isle of Man border.

 The Tribunal ruled that she had been subjected to humiliation, bullying, harassment and vilification and that ‘her humiliation was apparent up to and including high levels of Government and the Council of Ministers’. The Tribunal categorised former CEO Kathryn Magson’s misconduct (and others) as being ‘oppressive and arbitrary’.

 With the constant support of her husband Damian, and the support of her union and friends, Dr Ranson fought on and has been rightly awarded the highest ever compensation award by the Isle of Man Equality and Employment Tribunal. Substantial costs were awarded on an indemnity basis due to the gross misconduct of DHSC who were found to have improperly defended the claim based on a false allegation (and indeed more than one) against Dr Ranson. The Tribunal ruled that Ms Magson knew the denials of liability in the DHSC response to the claim were untrue and that it was inexcusable for her to mislead the Tribunal and Dr Ranson.

 Rare awards for aggravated and exemplary damages were made due to the DHSC’s ‘high handed, malicious, insulting and oppressive manner’ during the course of the litigation and were ‘warranted for [DHSC’s] oppressive, arbitrary and unconstitutional behaviour-amounting to gross misconduct’.

 Senior BridsonHalsall Advocates Richard Halsall and Peter Russell represented Dr Ranson in defeating the two unsuccessful appeals by DHSC to the High Court against case management decisions of the Tribunal which both resulted in Dr Ranson’s legal costs being paid by DHSC. In both cases the High Court in the Isle of Man scheduled and heard the appeals with all necessary expedition. Senior BridsonHalsall Advocate Maria Bridson provided support and advice to Dr Ranson at an early stage and the practice provided litigation support for the Tribunal claims.

 The case highlights:

1. the major financial support that can be provided by a union for legal representation (in this case the BMA);

2. that the Manx tribunal and courts can ably and independently deal with complicated challenges to improper actions by government departments; and

3. that the consequences for the Isle of Man of poor decision making by its government cause  heavy financial and personal costs, not only for those impacted directly but also to the Isle of Man public.

BridsonHalsall Director Richard Halsall stated: “As has been heard, Dr Ranson had initially simply wanted her job back. Serious questions arise as to why DHSC defended the employment claim at all, including lodging and proceeding with two meritless appeals to the High Court.”

 BridsonHalsall is a leading full-service practice of Isle of Man Advocates with a depth of experience in wide-ranging matters, including all areas of litigation and dispute resolution including crossover work with regulatory work, and criminal law such as health and safety. The leading international law practice recently successfully defended the first defendant in the failed manslaughter prosecution of four local anaesthetists, and it also acts for Silverdale Care Limited (previously called Abbotswood)."